Service of Court Documents - What? Why?

Throughout the full duration of court proceedings, each party associated with that matter is entitled to procedural fairness. There are vey clear and precise obligations implemented by the courts, under legislation and other relevant case management guidelines, that must be followed, to maintain procedural fairness. Non compliance with this legislation and other relevant case management guidelines may compromise procedural fairness and prevent either party or all parties from their entitlement to procedural fairness. 

A legal document is, technically, a document lodged via the court registry. A court document is a document that has been lodged and accepted for filing by the court registry.

Procedural fairness requires that all parties associated with court proceedings adequately disclose their legal contentions, allegations and accusations, and do so by outlining specific information in detail that is relevant to the situation and circumstances. This includes the obligation to provide evidence to substantiate the legal contentions being raised.

The role of the Magistrate or Judge is to ensure the matter progresses fairly, and that relevant interests are protected. For example, in family law, the Family Court of Western Australia primarily focuses on the safety and best interests of the child or children. Therefore, procedural fairness also ensures that the Magistrates and Judges are fully and adequately informed.

When a party lodges court documents those documents are being submitted to the court registry.  A court official will then review those documents and decide whether to accept them. If the documents are accepted they are referred to as filed. A court document that is filed will be stamped with the court seal. When the legal documents are not accepted, they are referred to as rejected. The court will provide you correspondence that explains the reason or reasons for which those legal documents were rejected. Those rejected legal documents can not be relied upon in court proceedings, and for this reason, can not be served on any other party. 

Therefore, only those legal documents that have been lodged at the court registry and which are deemed to be filed can be relied on throughout court proceedings, and served on another party or other parties.

The court official's decision to accept or reject legal documents lodged will usually be based upon error, accuracy and relevance. You must complete the relevant form, for example, to initiate proceedings before the Family Court of Western Australia, you must file a Form 1 Initiating Application. To lodge a response to an Initiating Application that you have been served, you must file a Form 1A Response. If wish to commence court proceedings and accidentally complete and lodge a Form 2 Response, these legal documents will be rejected.

Alternately, if you complete and lodge a Form 18 Contravention Application, you must also complete and lodge an Affidavit outlining the allegations of the contravention. If the the contents of the Affidavit are inaccurate or are not relevant to the legal principal that underpins the alleged contravention, the court will reject the Form 18 Contravention Application for this reason.

Or, if the contents of a legal document are not completed accurately, for example you had provided answers to an essential component of that legal document, the legal document will be rejected. 

It would be very untoward of a court to accept legal documents that are inaccurate, contain errors, and are lacking information because, these errors undermine the principal of procedural fairness. 

Service, as a component of procedural fairness, therefore ensures that each party is provided a fairness and equality throughout the full duration of the court proceedings, from beginning to end.

Refusing to serve a party or other parties with legal documents lodged at and accepted for filing by the court registry is refusing to provide that party or other parties their entitlement to know the case that lies before the court, they are refused adequate opportunity to know the allegations made against them, the situation and circumstanced pled against them, and are therefore inhibited from a fair and equal opportunity to present their defence.