Service of documents is the act of providing a document to be used in legal proceedings to another person or organisation, usually the other party in a legal case.
The service of documents is fundamental to ensuring procedural fairness and due process and ensures that each party is aware of the other party’s arguments and evidence.
A party that files a document at the Industrial Relations Commission of New South Wales (Commission) must, as soon as practicable, serve a copy of the sealed document(s) on each active party in the proceeding.
A failure to serve documents may result in the unnecessary delay of proceedings, extra costs and perhaps your case will not proceed at all.
A sealed document has the Commission’s seal stamped or electronically applied to prove it was filed with the Commission.
The party filing a document will be given a sealed copy of the paperwork when it has been filed in-person and the original copy will remain in the Commission’s file. People who submit documents through the NSW Online Registry will receive sealed copies to their nominated email address within minutes of the forms being filed.
The methods of service are determined by the Industrial Relations Commission Rules 2022 and Part 10 of the Unform Civil Procedure Rules 2005 and include:
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