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St ep by step guide - A pplying for Substituted Service Orders If you are concerned about your residential address being disclosed to your spouse or are afraid to contact them, you should get legal advice. Step 1: Get your documents You will need to complete the following forms: Affidavit Application in a Case. In your Affidavit you must include: an introduction details of how you have tried to contact and locate your spouse to serve them.
In the body of your Affidavit, you must explain all the steps you have taken to contact and locate your spouse, including: details of when you last spoke to or saw your spouse, and the circumstances surrounding that contact if your spouse lives overseas, details of where they are living, how long they have lived there, and when, they are coming back to Australia details of your attempts to find your spouse, including: co ntact you have made with their close friends and family contact you have made with their employer searches you have undertaken.
Step by step guide: Preparing your Affidavit Instructions: Instructions for completing an Affidavit - Substituted Service Sample: Affidavit - Substituted Service Step 3: Get your Affidavit witnessed Once you have prepared your Affidavit you must sign it and have it witnessed by an authorised person Justice of the Peace or lawyer. Step 6: Go to the hearing At the hearing, the court must decide whether you have made all reasonable attempts to serve your spouse with the Application for Divorce and supporting documents.
Step 7: Serve your spouse If the court has granted you Substituted Service Orders, you should serve your spouse, as ordered by the court, as soon as possible. The Plaintiff should explain why he or she believes that the Defendant is currently resident at that address, or if the address is an overseas address, why the Plaintiff believes that the Defendant is not ordinarily resident in Singapore.
The Plaintiff should show that the email account belongs to the Defendant and that it is currently active. If personal service was attempted and was unsuccessful, the Plaintiff needs to provide information to the court on:. If the Plaintiff seeks to place the advertisement in an overseas newspaper, the reasons why the Plaintiff believes that the Defendant is in that country.
In the event that all attempts by substituted service have been exhausted, the court will allow for a dispensation of service if they are satisfied that all attempts at service as mentioned above is futile. This can occur if the Plaintiff can show to the court that he does not know which country the Defendant is residing in and advertising would not be effective.
A legal document required by the Supreme Court Family Rules to begin a court proceeding, setting out the relief claimed by the claimant and the grounds on which that relief is claimed. See "action," "claim," "claimant," "pleadings" and "relief. In law, 1 the whole of the conduct of a court proceeding, from beginning to end, and the steps in between, may also be used to refer to 2 a specific hearing or trial.
See "action. In law, the delivery of a legal document to a party in a court proceeding in a manner which complies with the rules of court, usually by physically handing the document to the party and verifying their identity. Personal service is usually required for the proper delivery of the pleadings that are used to start a proceeding to ensure that the party is given proper notice of the proceeding and the opportunity to mount a defence.
See also "ordinary service," "pleadings" and "service, substituted. The person against whom a claim has been brought by Notice of Family Claim. A mandatory direction of the court that is binding and enforceable upon the parties to a court proceeding. An "interim order" is a temporary order made following the hearing of an interim application. A "final order" is a permanent order, made following the trial of the court proceeding or the parties' settlement, following which the only recourse open to a dissatisfied party is to appeal.
Failing to abide by the terms of an order may constitute contempt of court. See "appeal," "consent order," "contempt of court," "decision" and "declaration.
Personal service performed in a way other than required by the rules of court, as authorized by the court. If a respondent cannot be served for any reason, such as if they are hiding or refusing service, the court may allow a claimant to serve the other party "substitutionally" by means such as placingan ad in the legal notices section of a newspaper's classified ads or posting the document in the court registry.
See "personal service. A legal document required by the Supreme Court Family Rules to bring an interim application, setting out the relief claimed by the applicant, the grounds on which that relief is claimed, and the date on which the application will be heard. See "applicant," "grounds," "interim application" and "relief. A request to the court that it make a specific order, usually on an interim or temporary basis, also called a "chambers application" or a "motion.
In law, to formally deliver documents to a person in a manner that complies with the rules of court. Service may be ordinary mailed or delivered to a litigant's address for service , personal hand-delivered to a person , or substituted performed in a way other than the rules normally require. See "address for delivery," "ordinary service," "personal service" and "substituted service. In law, an answer or rebuttal to a claim made or a defence raised by the other party to a court proceeding or legal dispute.
See "action," "claim," "defence" and "rebut. A person appointed by the federal or provincial government to manage and decide court proceedings in an impartial manner, independent of influence by the parties, the government, or agents of the government.
The decisions of a judge are binding upon the parties to the proceeding, subject to appeal. A central office, located in each judicial district, at which the court files for each court proceeding in that district are maintained, and at which legal documents can be filed, searched and reviewed. An officer of the court charged with the responsibility of reviewing and approving certain documents submitted to the court, such as pleadings.
See "jurisdiction" and "pleadings. The person who starts a court proceeding seeking an order for a specific remedy or relief against another person, the respondent. See "action" and "respondent. A person who is younger than the legal age of majority, 19 in British Columbia. See "age of majority. Money paid by one parent or guardian to another parent or guardian as a contribution toward the cost of a child's living and other expenses.
In law, an order sought by a party to a court proceeding or application, usually as described in their pleadings. Where more than one order or type of order is sought, each order sought is called a "head of relief. In law, any proceeding before a judicial official to determine questions of law and questions of fact, including the hearing of an application and the hearing of a trial.
See "decision. In family law, an antiquated term used by the Divorce Act to describe the right to possess a child and make parenting decisions concerning the child's health, welfare and upbringing. See "access. In law, a person named as an applicant, claimant, respondent, or third party in a court proceeding; someone asserting a claim in a court proceeding or against whom a claim has been brought.
See "action" and "litigant. The information at the top of all court forms in a proceeding, including the file number, the name of the registry the proceeding is filed in, the name of the court, and the parties' names.
A person licensed to practice law in a particular jurisdiction by that jurisdiction's law society. See "barrister and solicitor. A person named in a court proceeding or joined to a proceeding who is neither the claimant nor the respondent. A third party may be joined to a proceeding where the respondent believes that the person has or shares some responsibility for the cause of action. See "action," "cause of action" and "party. The geographic place where a person permanently lives.
This is different from a person's "domicile" in that a person's residence is more fixed and less changeable in nature.
A person's residence can also have an impact on a court's authority to hear and decide a legal action. See "domicile" and "jurisdiction. A judgment obtained by a claimant following the respondent's failure to reply to the claimant's claim within the proper time from service.
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