Legal Project Management Plan & Checklist
Use this fork when the respondent to the Supreme Court proceedings is located outside NSW - either in another Australian state or territory (interstate), or outside Australia (overseas). Service rules change fundamentally depending on the respondent's location: interstate service is governed by the Service and Execution of Process Act 1992 (Cth) (SEPA), which requires SEPA Form 2 (Notice to Witness or Notice to Party) to be physically attached to the originating process at the time of service and expands the minimum service window. Overseas service is governed by UCPR Part 11 and the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents 1965, which requires service through the central authority of the host country and can take 3 to 6 months.
This fork operates in the Supreme Court of New South Wales. Interstate service is governed by the Service and Execution of Process Act 1992 (Cth). Overseas service is governed by UCPR Part 11 and the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents (Hague Service Convention, open to signature 15 November 1965).
For interstate respondents: SEPA Form 2 is prepared and physically attached to the sealed Originating Summons before service. The Return Date or Appearance deadline is recalculated to allow at least 21 days after service (the minimum period for interstate respondents under SEPA, compared to 14 days for standard NSW intrastate service). A process server in the relevant Australian state effects personal service. An Affidavit of interstate service is filed. All SC GEN 23 UCPR Rule 35.3B AI non-use obligations apply to the Affidavit of Service. For overseas respondents: the relevant UCPR Part 11 provisions are reviewed to determine whether leave of the Court is required before service. Documents to be served are translated into the official language of the host country by an accredited translator. The central authority of the host country is contacted through the Hague Service Convention pathway. A minimum lead time of 3 to 6 months is built into the proceedings timetable. Upon confirmation of service, proof from the central authority is filed with the NSW Online Registry.
Key legislation: Service and Execution of Process Act 1992 (Cth) ss 28-30 (interstate service, SEPA Form 2 required, 14-day minimum period between service and return date under s 30, abridgment available on application); Uniform Civil Procedure Rules 2005 (NSW) Part 11 (service outside Australia: leave required for certain countries, requirements for proof of service); Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents (service through central authority of host country; certificate of service returned by central authority constitutes proof of service); Practice Note SC GEN 07 (all ESI and technology compliance obligations from the parent plan continue in parallel); UCPR Rule 35.3B (AI non-use statement required in all affidavits including Affidavit of Service). Note: service without SEPA Form 2 attached is invalid under federal law - the defect cannot be cured retrospectively and a fresh service must be effected.
* Disclaimer: We're nobody's lawyer, because we aren't lawyers. You are, so you know better than to take legal advice from an app. We also aren't accountants or dog trainers - just digital spirit guides taking zero liability for any of this. This site exists to gather the collective knowledge of practitioners like you. Verify everything and submit your feedback on the Litigation: Digital Trial Compliance - SC GEN 07 and SC GEN 23 Generative AI (Applicant) - Interstate or Overseas Respondent - SEPA or Hague Convention Service matter plan to improve the playbook. THIS IS NOT LEGAL ADVICE, it's a request for input.
This legal matter plan provides a structured workflow for LITIGATION cases, outlining the standard DISPUTE_LITIGATION process. Utilize these tracking templates to manage your legal cases efficiently.
The correct service regime is identified and the service package is prepared and ready for dispatch.
Verify all prerequisite documentation has been obtained, cross-reference against the statutory requirements for this matter type, and confirm compliance with practice direction protocols.
Service is complete and evidenced. The Respondent's Appearance deadline is calculated from the confirmed date of service.
Prepare the relevant forms and supporting materials required under the applicable legislation, ensuring all mandatory fields are completed and all attachments are properly certified.
Service obligations are complete and the proceeding is on track for the first directions hearing.
Draft and dispatch formal correspondence addressing the procedural requirements at this stage, including any required notices, requests for information, or proposals for resolution.