Form 1—Notice when serving initiating prForm 1—Notice when serving initiating process in civil proceedings

## Form 1—Notice when serving initiating process in civil proceedings Note: This form is to be used when serving an initiating process in civil proceedings in a court: see section 16 of the Act. Service and Execution of Process Act 1992 Notice to defendant1 Please read this notice and the attached document very carefully If you have any trouble understanding them you should get legal advice as soon as possible Attached to this notice is a \[name of process\] (“the attached process”) issued out of the \[issuing court\]. Service of the attached process outside \[State or Territory of issue\] is authorised by the Service and Execution of Process Act 1992. Your rights If a court of a State or Territory other than \[State or Territory of issue\] is the appropriate court to determine the claim against you set out in the attached process, you may be able to \[2have the proceeding stayed by applying to the \[issuing court\] / 3apply to the Supreme Court in \[State or Territory of issue\] to have the proceeding transferred to another Supreme Court or a federal court\]. If you think the proceeding should be stayed or transferred you should get legal advice as soon as possible. Contesting this claim If you want to contest this claim, you must take any action set out in the attached process as being necessary to contest the claim. 4If you want to contest this claim, you must also file an appearance5 in the \[issuing court\]. You have only 216 days after receiving the attached process to do so. The appearance5 must contain \[7an address in Australia where documents can be left for you or sent to you / 8your address\]. \_\_\_\_\_\_\_\_\_\_\_\_\_\_ 1If the person to be served is not described in the process as a “defendant”, substitute the correct description. 2Include if the court of issue is not a Supreme Court. 3Include if the court of issue is a Supreme Court. 4If the defendant need not enter an appearance (as defined in section 14 of the Act) in order to contest the claim, omit this paragraph and the remainder of the form. 5If the document that must be filed is not called an appearance, substitute the correct name. 6If the issuing court has allowed a shorter period for filing an appearance, substitute that shorter period and disregard the next paragraph. If the law of the State or Territory of issue would allow a longer period than 21 days for filing an appearance in the case of service within the State or Territory, substitute that longer period. If that law would allow different periods for service within the State or Territory, depending on the distance of the place of service from another place, and the period based on the longest distance would be longer than 21 days, substitute that period. Note: This note is a summary, for guidance only, of subsections 17(1) and (1A) of the Act. The applicable period under those provisions must be stated. 7Include if the appearance is required to set out an address for service. 8Include if the appearance is not required to set out an address for service.