VIC Serving Notice - Magistrates Court

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MariaPan

Active Member
17 July 2024
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I recently asked a question recently about registered post, and the Fencing Notice and had some valuable input. So thank-you.

My next questions:

1 . My neighbour has finally responded and rejected erecting new fence to replace the half fallen down fence. She claims she cannot afford it as she is a pensioner. I know this to be not true, but she'll continue using this as an excuse. I have reached out to the fencing contractor and they say they can put her on a payment plan of $150/month until her portion is paid off. I thought this was a very reasonable offer. The owner and her adult children who live with her, have rejected this offer for a payment plan with the fence contractor.

2. Based on this, I most likely need to initiate proceedings in the Magistrates Court in Vic. It says that I need to 'serve' the various forms and then I sign an affidavit saying I have served the owner correctly before the court accepts to hear the case. What if I cannot serve to the owner directly? She's been avoiding answering the door bell. I don't believe registered post would be accepted as 'serving' Forms 5A, 8A needs to be done in person? Or do I pay for a process server?
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
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www.hutchinsonlegal.com.au
Catch her outside and serve her, or use a process server.

Post back if neither work.