VIC Acknowledgement service form not returned

[Ozboy2010]

Hi all,
I started an application for Parenting Orders (interim & final) with the Federal Circuit Court.
I served my ex's lawyer with a copy of the application and an acknowledgement service form. The lawyer previously indicated that she would accept service on my ex's behalf.
It has been a week since I sent the docs and I have not heard anything back. When should they be sending the form back?
In case I do not hear back from them at all, am I supposed to file an 'Affidavit of Service'?
Thank you!

 

[Rod]

Yes.

 

[sammy01]

A week? Be patient...

 

[Rod]

File your affidavit of service regardless of when they send the form back.

And after 2 weeks send reminders every 2 or 3 days about the acknowledgement service form.

 

[CSFLW]

How did you send the application to the lawyers? Email?
If the lawyers confirmed they have instructions to accept service, but have not signed the acknowledgment of service, then you need to write to them again asking them to sign acknowledgment of service.
If they do not sign the acknowledgement of service, you will have to serve the ex by personal service.
You cannot file an affidavit of service if you do not serve personally.

 

[Rod]

The affidavit can be filed if the lawyers have said they'll accept service. Provide that as evidence with the email serving the papers.

 

[CSFLW]

That's wrong Rod, if the lawyer does not acknowledge service the Rules predict you must serve the other party personally.

 

[Rod]

My mistake, I was thinking of the deeming provisions in the ELECTRONIC TRANSACTIONS ACT 1999 (Cth).

r.6.06(2)(c) - lawyer accepts service, but agree lawyer needs to file an address of service to be valid.

 

[CSFLW]

Rod, totally off point, this is a family law matter.

Grateful for the opportunity...

 

[Rod]

Umm, I was mentioning FCCA R.6.06(2)(c). Sort of on point. *notes his post can be interpreted two ways.