Affidavit of Service Sample: County Court of Victoria, Melbourne

This document presents an affidavit of service example from the County Court of Victoria, Melbourne, concerning a matter between Frank Thompson and Peter Stanley. The affidavit, sworn by Vicky Taylor, a professional process server, details attempts to serve the defendant at his residence. It outlines multiple visits to the defendant's home, observations suggesting his presence and possible avoidance of service, and neighbour testimony. The affidavit concludes that personal service is unlikely to succeed and recommends substituted service in the interest of justice. This resource is available on Desklib, a platform providing students with access to various study tools, including past papers and solved assignments.

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IN THE COUNTY COURT OF VICTORIA AT MELBOURNE
IN THE MATTER OF
ORDER FOR SUBSTITUTED SERVICE BETWEEN
FRANK THOMPSON
(Plaintiff)
And
PETER STANLEY
(Defendant)
AFFIDAVIT OF SERVICE
___________________________________________________________________________
Date of Document: 17th June 2018
Filed By:
Filed On Behalf Of: Frank Thompson
Prepared by: (Insert Your Name)
Senior Associate
Brown and Blake Lawyers
Level 7, 210 Collins Street Melbourne VIC 3001
Phone Number:
Reference:
___________________________________________________________________________
I, Vicky Taylor of Level 23/182/ William Street, Melbourne Victoria, 3000 in the STATE
OF VICTORIA do MAKE OATH AND STATE that:
1. I am a person of sound mind and therefore qualified and thus competent to swear this
affidavit.

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2. That I am a professional Process Server registered in accordance with the Rules and
Laws of Australia.
3. That Brown and Blake Lawyers hired me for the purposes of effecting service to the
defendant.
4. That I visited the defendant’s residence at Unit 5/55 Swan Street, Preston VIC 3072
on three separate days and times as highlighted below:
a) On 5th March 2018 at 6:00 pm;
b) On 6th March 2018 at 9:00 am and
c) On 10th March 2018 at 12:00 at noon.
5. That on all the days and times I knocked on the defendants’ door, but he could not
come out.
6. That based on the circumstances at the defendant’s residence the defendant appeared
to be in the house and did not come out to answer the door or present himself to me
7. That I could see a figure inside the defendant’s home moving or peeping through the
window curtains but nobody opened the door.
8. That the defendant’s car was present during and at all times and days that I visited the
defendant's place of residence.
9. That I made extra efforts to confirm if the defendant was present or if that was the
right residence of the defendant.
10. That the defendant's neighbour testified to having seen him injured a few days ago
meaning he could have been the person meeting the description by the plaintiff.
11. That I could not reach the defendant to properly serve him as required by the rules.
12. That I have made a conclusion that I would be unsuccessful in serving the defendant
personally as required by the rules on service in future.
13. That based on the events I believe the defendant could be avoiding being served.

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14. That for the interests of justice I believe that the defendant could be effectively served
through a substituted service.
SWORN BY: VICKY TAYLOR
At COUNTY COURT OF VICTORIA in MELBOURNE
250 William Street
Melbourne VIC 3000
In THE STATE OF VICTORIA
On this 17th Day of June 2018
.........................................................................
(Signed)
BEFORE ME:
…………………………………
(Judge)
(Signed)