04/01/2022
How do I serve a someone with a divorce who has a disability or a person who is in a retirement home❓
It is important that the correct protocol is followed when serving documents on a person who has a disability or a person who resides in a retirement home. Rule 7.09 of the Family Law Rules 2004 (Cth) provides that a document that is required to be personally served on a person with a disability, must be served:
a) On the person’s case guardian;
b) On the person’s guardian appointed under a State or Territory law; or
c) If the person does not have a guardian as described above, on an adult who has the care of the person. This may include the person in charge of a hospital, nursing home or other care facility.
If an Acknowledgment of Service is required to be signed (such as in the case of personally serving an Application for Divorce), the person who is to be served on behalf of the person should make it clear on the Acknowledgement of Service that they have signed as the person’s case guardian, the person’s guardian, the person’s care taker or the person in charge of the relevant facility. The server must set out the circumstances of service in the Affidavit of Service e.g. handed/posted to the and amend the details of service to reflect the person served e.g. The person’s guardian.