Effecting service of an originating process that names the Commonwealth as a party
Facilitating electronic service
AGS has set up an e-mail inbox that can facilitate service of an originating process that names the Commonwealth as a party. The email address for the inbox is processservice@ags.gov.au.
The inbox may only be used to email an originating process (such as a writ of summons, an initiating application, an originating summons, an originating statement of claim or petition). If you use this inbox, you will receive an automatic reply confirming that you will be contacted by the relevant Commonwealth department or agency, or their lawyer, about whether service is accepted.
The inbox is not intended for other kinds of court documents (such as a subpoena or notice to produce) or matter-related correspondence where the AGS is the solicitor on the record. Such documents or correspondence should be emailed to the relevant AGS lawyer (or, if AGS is not acting in that matter, to the lawyers with conduct of the matter).
The inbox is not for general correspondence intended for the Office of the Attorney-General, or the Attorney-General’s Department. For further information please visit:
For other parts of the Commonwealth, you should provide correspondence in the usual way.
Effecting personal service
Personal service of an originating process that names the Commonwealth as a party can be effected at an AGS office. Certain AGS lawyers have been appointed to accept personal service of such a process under s 63 of the Judiciary Act 1903.
You can ring one of the following AGS offices to make an appointment to attend an office to effect personal service:
- Canberra: 02 6253 7000
- Adelaide: 08 8205 4211
- Brisbane: 07 3360 5600
- Darwin: 08 8943 1444
- Hobart: 03 6210 2100
- Melbourne: 03 9242 1222
- Perth: 08 9268 1199
- Sydney: 02 9581 7777
Service of an originating process that names the Attorney-General as a party
AGS can receive originating processes that name the Attorney-General or Michelle Rowland (in relation to her role as the Attorney-General) as a party. Upon receipt, AGS will provide the originating process to the Attorney-General’s Department for its consideration.
Unless AGS already holds instructions to accept service of that particular originating process, AGS receiving the originating processes does not result in service being effected on the Attorney-General.
After AGS provides the documents to the Attorney-General’s Department, AGS may be instructed to accept service of the originating process on behalf of the Attorney-General. If so, AGS will advise the party or their legal representative that service has been accepted and from what date.
If AGS is not instructed to accept service of the originating process, then AGS, the Attorney-General’s Department, or another lawyer will contact the party or legal representative to inform them of this.
Please contact an AGS office for further information.