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Self represented defamation case

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QwertyAUS View Drop Down
Newbie
Newbie


Joined: 16/May/2012
Location: Australia
Posts: 10
  Quote QwertyAUS Quote  Post ReplyReply Direct Link To This Post Posted: 18/May/2012 at 09:12
If you cannot practicably serve it on him, seek an order from the court for substituted service.
I would strongly advise you to go and talk to a solicitor and get some advice about how to run this case yourself if that is the path that you have chosen to take. I'm sure there is a community legal service not too far from you that you can seek help from. They offer free advice and it is not means tested.
The community legal service will tell you exactly which forms to file and serve, as well as how to do it and a general idea of what to put on the forms.

NotGuilty View Drop Down
Legal Guru
Legal Guru


Joined: 19/February/2008
Location: ACT
Posts: 1139
  Quote NotGuilty Quote  Post ReplyReply Direct Link To This Post Posted: 18/May/2012 at 11:09
The following are some examples of how service can be effected, pushing the document under a door where the defendant is on the other side, leaving the document with the defendant's wife, giving the document to the defendant's secretary. I have served process on a defendant's mother. In the ACT, the Supreme Court has allowed service by Facebook.

So whether it is personal or substituted service there are a number of options open to you. You could even have a PI follow the defendant home from work.

Also, since you are serving process outside Queensland make sure you attach a Form 1 from the Service and Execution of Process Regs, otherwise service will not be valid

AJM48 View Drop Down
Senior Member
Senior Member


Joined: 11/February/2011
Location: Australia
Posts: 176
  Quote AJM48 Quote  Post ReplyReply Direct Link To This Post Posted: 04/June/2012 at 15:24
Hi Not Guilty, action will actually be in NSW in Supreme Court, as it is in that court, I understand the summons must be served personally to the defendants in NSW and NT

AJM48 View Drop Down
Senior Member
Senior Member


Joined: 11/February/2011
Location: Australia
Posts: 176
  Quote AJM48 Quote  Post ReplyReply Direct Link To This Post Posted: 06/November/2012 at 12:40
An update for those interested.

My case was lodged in NSW Supreme Court in August, the greatest difficulty was in preparing the pleadings, this is very technical, my initial paperwork was poor, but the court has been excellent and I now meet their standards.

Of the five defendants who I allege to have defamed me, three have agreed to submit to the orders sought, essentially they have rolled over. The first two defendants have gone into hiding, but I am in the process of using a substituted service that the court has indicated that they will accept.

A daunting experience, but not impossible if you do your research. Will probably go to trial 2nd quarter in 2013

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