Application for Substituted Service Order in Croc Bait 27 v Dr Wallace Case

Running Head: LAW
Law
Name of Student
Name of University
Author Note

LAW
Part 1 A
To
The Registrar
Dear Madam/Sir
The statement of claim in relation to this case has been submitted on 1st March 2018. I
did not have the capacity of serving the statement by post or personally. This is the reason
why I seek to make an application for a substituted service order. I would be grateful if you
make order through which the statement of claim can be served via sending it to Dr Wallace
at any other place. This is because Under rule 116 of Uniform Civil Procedure Rules it is
stated that in case it is not practicable to serve a document in a manner provided by the
chapter the court can order substitution of the way in which the document is to be served by
another way. In the case of Foxe v Brown (1984) 58 ALR 542 it had been stated by the court
that the plaintiff has to be able to provide before the court that at the time when he or she has
made the application for substituted services before the court that reasonable effort has been
utilized by the plaintiff to serve the document to the plaintiff in personal capacity but such
attempts have failed. We have made all possible attempts in this situation to serve the
documents to him in his personal capacity which have failed.
Along with this letter I have also endorsed an affidavit which would provide support to my
application for substituted services order.
Yours faithfully

LAW
Part 1 B
AFFIDAVIT
COURT DETAILS
COURT – LOCAL COURT
DIVISION -SMALL CLAIMS
CASE NUMBER – XXXXXX
Title of Proceedings
Plaintiff- Croc Bait 27
Defendant – Dr Wallace
Filed for - Croc Bait 27 plaintiff
Contact and Telephone – XXXXXXX

LAW
Name - Croc Bait 27
Address – xxxx
Occupation – Company
Date – 24-10-2018
I affirm that
1. I am the above mentioned plaintiff
2. The statement of claim in relation to the matter has been submitted in 1st March 2018
3. The statement of claim had been posted to the defendant in form of a sealed copy
4. The address which has been mentioned above by me is true
5. The statement of claim had not been received by the defendant
6. On several attempts we have failed to successfully serve the statement of claim to the
defendant personal.
7. We have come to seek the order of substituted services from the court only because
all the attempts which have been made by use to personally sever the statement of
claim to the defendant as required under the civil procedure code have failed
8. We confirm that all details provided by use are true to the best of our knowledge
9. All documents which would be required to prove our failed attempts of delivery have
been accompanied with this affidavit.
SWORN at --------
Signature of Deponent -------
Witness Name -----
Witness Address -----
Witness Capacity --------
I saw the deponents face
I have confirmed the identity if the deponent through the use of identification documents.