I am a practising Victorian solicitor.
(I do not think there are any Western Australian practitioners on this service).
I practice in litigation.
Certainly in Victoria, and in the circumstances you describe I am sure it will be the same in Western Australia, if the process server is able to put in an affidavit of service that he told you that he was serving legal papers on you and he placed the papers down in front of you because you would not accept them, that will be good service.
Given that there is a move to have judgment entered, this will probably be successful if there is an affidavit of service on the court file.
Are you talking about the application judgment, or the original summons?
If you never received the original summons – do not know anything at all about it, that is a different question. In that case you would go to the court and asked to see the affidavit of service of that original summons. If there is anything a regular in that affidavit then you could well do something about it.
If you could provide me with further information, as above, I will assist further.
Sorry - couple of typos in one paragraph - "
If you never received the original summons – do not know anything at all about it, that is a different question. In that case you would go to the court and ask to see the affidavit of service of that original summons. If there is anything irregular in that affidavit then you could well do something about it."
In this case the court has a record on affidavit that the summons was served on me at the courts on 27 august while i was attending a herring of means enquire which had been initiated by the same claimant. This is when the claimant threw some papers at me hitting my chest and landing on the floor, I thought he had slapped me with some paperwork so i got up and went and stood by the front desk, the claimant then walked past me and tried to put the papers on my shoulder, but they fell on to the floor again.he was telling the lady at the desk that he was trying to serve important court documents as he picked them up and walked away with them. I believe that this is the summons they have on record as being served on that date. Being a summons of personal service, not done by a process server, was the summonds served legally ?
If he did not leave the papers with you, then how would you know about how to respond to whatever those papers were? If he picked the papers up and took them away with him, it would not be good service. If he has put an affidavit of service in – you would need to have a very close look at this.
You will be able to get any judgment set aside if you can establish that you are not served with the original papers. But it would be better to do something before judgment is entered – it is just going to get more difficult for you the more steps that are taken. You really need to act quickly in the circumstances.
thanks, XXXXX XXXXX enter a statement of defense. it may not
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