Guides to Service of Documents in NSW
These service of legal documents guides explain, in plain English, what happens when court papers are served in New South Wales and how to serve them properly. They are written for two readers at once: the person who has just been handed a subpoena or a divorce application, and the solicitor, business or individual who needs one delivered on time.
Every guide is general information about NSW procedure rather than legal advice, and each one shows the date its rules were last checked. Pick the group below that matches where you are. The guides sit alongside the practical work of our process servers covering Sydney and the rest of NSW.
Where should you start?
Start with the document in your hand. These service of legal documents guides are grouped by situation: a subpoena, papers you have been served with, or papers you need to serve. Read the title on page one, then open the matching group below.
- Served
- A court document has formally reached the person it names.
- Return date
- The day the court has fixed for documents or a witness to arrive.
- Affidavit of service
- The sworn proof a registrar relies on before a case goes further.
This hub organises all of iServe Process Servers' guides to service of documents in NSW. Each one answers a narrow question properly rather than skimming many, so you may need two: one on what the document is, another on what to do next.
NSW civil cases in the Local, District and Supreme Courts follow the Uniform Civil Procedure Rules 2005. Divorce and parenting matters run in the Federal Circuit and Family Court of Australia under federal rules, and criminal notices follow the Criminal Procedure Act 1986 (NSW). The guides say which set applies.
Each guide is general information, not legal advice. Each one is reviewed on a dated cycle, and the review month appears at the foot of the page. Amounts and timeframes, such as conduct money, are re-checked every six months.
Note it before you read anything else. Most deadlines in these guides run from the day of service or a date the registry has already fixed.
Which subpoena guides are there?
Nine guides cover subpoenas from both sides: what one is, how to answer it, the difference between producing and testifying, objecting, conduct money, the return date, serving one, how it compares with a summons, and bank and phone records. Most readers start with the first two.
The subpoena explained
Three types, who issues them, conduct money and what ignoring one can cost you.
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Answering a subpoena
Producing records, turning up as a witness, claiming expenses and meeting the date.
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Produce or give evidence?
Why a request for records and a call to the witness box carry different duties.
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Setting a subpoena aside
The grounds courts accept, from oppression to privilege, and when to act.
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Conduct money
What the issuing party must pay, in what form, and what happens if it is missing.
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The return date
What the registrar does with produced material, access orders and late packets.
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Serving a subpoena
Deadlines, personal service, companies and agencies, and the proof to keep.
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Subpoena, summons or CAN?
Three documents that are often confused, and what each one asks of you.
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Bank and phone records
Wording a subpoena for banks, telcos and digital platforms so it gets answered.
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After serviceBeen served with documents?
Read the dates first, keep the envelope, and do not ignore it. Then use the guide for your document: divorce papers, a court attendance notice, a subpoena, or our general first-steps guide if you are not sure what you hold.
Being served is not a finding against you. It means a court process has started or needs something from you, and the clock that matters usually started the moment the papers changed hands.
If you hold a subpoena, our walk-through for people who have been subpoenaed is the place to go. If you have been dodging the knock, read why avoiding service usually backfires before the court orders another method.
Just been served?
The first hours after court papers arrive: read the dates, then get advice.
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Divorce papers at the door
What a served divorce application means, the response window and the hearing.
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Court attendance notices
How a criminal charge reaches you in NSW and what the first court date involves.
Open the guideWhat does it cost to serve documents?
The price of a serve depends mostly on three things: how far the server travels, how soon it must be done, and how many attempts it takes to find the person. Court filing fees and conduct money are separate costs. Our cost guide explains each factor.
A subpoena adds conduct money paid to the recipient, and a company serve may need a current ASIC extract. Read what Australian process servers typically charge, and why before you compare quotes, and ask every provider whether the affidavit is included.
How do you serve documents correctly?
Correct service means the right method, the right person and the right deadline, with proof a registrar will accept. These six guides cover the server's role, the NSW rules, email, court-ordered alternatives, people who avoid service, and cost.
Who process servers are
Their role, what they may and may not do, and the NSW licence rules.
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Serving documents properly
Personal service, companies, deadlines and proof under the NSW rules.
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Service by email
When email counts as service in Australia and when a court order is needed.
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Substituted service
Asking the court for another method when a person cannot be found.
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Dodging a server
Why hiding from the knock rarely stops a case, and what courts do next.
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What serving costs
The factors behind a process server fee in Australia, from distance to urgency.
Open the guideWhen should you use a professional server?
Use one when you cannot serve the papers yourself, when a deadline is close, when the person may avoid you, or when you need an affidavit that survives a challenge. The guides tell you the rules; a server makes sure they are met.
We attend seven days a week across Sydney and regional NSW, carry conduct money for subpoenas and return a sworn affidavit with every completed serve. Tell us the deadline, send the sealed papers, and we will come back with a fixed price before anyone attends.
Questions about these service of documents guides
Two things readers reasonably want to know before relying on anything here.
Are these guides legal advice?
How current is the information?
This hub and every guide linked from it offer general information about serving and receiving court documents in NSW, not legal advice for your situation. A solicitor, Legal Aid NSW or LawAccess NSW can help with your own matter. Last reviewed October 2026.