In a recent case, a creditor had a summary judgment of over $380,000 set aside because the requirements for personal service set out in the High Court rules were not followed.

Under the rules, the process server was to personally serve the debtor.  The process server’s affidavit stated that he left the documents on the front doorstep of a property occupied by the debtor, and that he could see the debtor hiding behind a curtain.

The Court held that it was insufficient to leave the documents on the doorstep, even though the process server thought the debtor was hiding inside the property.  The rules required the documents be left with the debtor or brought to the debtor’s attention, and that hadn’t happened.

Where a debtor is avoiding service, creditors have several options available to them.  That may include applying to the Court for an application for substituted service (that is, service on a friend or family member, or by email or other means).  It is worth investigating alternative options for service to avoid any possibility of starting back at square one when the debtor complains he or she had no notice of the proceedings.