QLD Process Server Trespassed following the lawyers instructions

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

Cantell

Well-Known Member
23 October 2020
23
0
121
Someone was trying to send me a letter from his lawyer. As he was not successful to send that letter to my address, his lawyer decided to get a “process server” to deliver a “letter” to my house. No Trespass sign was on the gate of the house, however, the process server entered the premises and taped a letter into my rolling door which I use to gain access to the garage. The lawyer confirmed in an email that he has “instructed” a process server to hand deliver the letter. The lawyer is refusing to give me the name and details of the process server who trespassed my property. Is this legal? Please also note that I am of different culture and background and it is almost a sin if a unknown person enters my property. I have explained this to the lawyer but he is still refusing to give me the details of the person who trespassed my property as it was instructed by the lawyer.
Please help me know my rights in that whether the lawyer was at fault for instructing the process server to trespassing to leave the letter (which has nothing to do with a Court process)?
Is the lawyer allowed to withhold details of the process server?
Is the process server at fault for trespassing given the sign?
Thank you
 

sammy01

Well-Known Member
27 September 2015
5,154
721
2,894
Yeah, according to Australian law you have nothing going for you here. I appreciate the cultural sensitivities but it doesn't change the facts.... Tresspass in Australia is going to require them to physically enter the house. So no crime committed here.
 

Tim W

Lawyer
LawConnect (LawTap) Verified
28 April 2014
4,942
820
2,894
Sydney

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
7,733
1,056
2,894
www.hutchinsonlegal.com.au
Trespass in Australia is going to require them to physically enter the house.
Not so. Trespass is to the property, not the dwelling.

The OP's have already been asked and answered in another thread as @TimW mentions