Guidance Note 19 – Receiving service of documents on behalf of the Commonwealth (section 63 of the Judiciary Act 1903 (Cth))

This note provides information about service of documents when the Commonwealth is named as a party in court proceedings, including:

• what it means to receive service on behalf of the Commonwealth
• consequences of receiving service on behalf of the Commonwealth
• how a law firm or individual can be appointed to receive service, and
• reporting requirements under the Legal Services Directions 2025 (Directions).

What does it mean to ‘receive service’?

1. When a court proceeding is initiated, the court rules in each jurisdiction require originating documents to be served on the responding party. Court rules may also require service of certain other documents during proceedings. ‘Receiving service’ is the formal acknowledgement of the receipt of those documents by the responding party.

2. Section 63 of the Judiciary Act 1903 (Cth) (Judiciary Act) provides that where the Commonwealth is named as a party to a suit, any documents in the proceeding required to be served are to be served on the Commonwealth Attorney-General, or upon a person appointed by the Attorney‑General to receive service. 

3. To ensure that complex applications are directed to the most appropriate Commonwealth agency (and considered swiftly by the appropriate person within that agency), there are restrictions on who may receive service on behalf of the Commonwealth.

4. The Attorney-General’s appointment of persons under section 63 of the Judiciary Act has the effect that the appointed person is authorised to receive service of documents on behalf of the Commonwealth. Most often they will be the originating documents in a matter, such as the Claim or Application, but depending on the court rules in each jurisdiction, can include interlocutory applications, submissions and affidavits.

5. Service on “the Commonwealth” as a party to proceedings is different to service on a specifically named “Department” or “Minister”. The Commonwealth may become involved in proceedings where a Department or Minister has also been named as a respondent to the proceeding, or a Department or Minister may be the subject of a subpoena, or an order for third party discovery. 

6. There are restrictions on who may receive service on behalf of the Commonwealth. This ensures that applications are directed to the most appropriate Commonwealth agency (and considered swiftly by the appropriate person within that agency).

Consequences of receiving service on behalf of the Commonwealth

7. The consequences of effective service under section 63 are:

• the relevant court deadlines immediately start to run
• there is an immediate need to identify the appropriate Commonwealth agency to take any relevant action on behalf of the Commonwealth, and
• there may be an immediate need to take measures to protect the Commonwealth’s interests in the litigation.

8. People taking action against the Commonwealth may be self-represented, and/or may not be aware of the technicalities of service of process. Accordingly, the Commonwealth should not generally take issue with service where it has not been effected within the rules of court and the Judiciary Act, provided that the relevant part of the Commonwealth has been made aware of the proceedings in sufficient time to protect its interests.

9. When documents are served on someone appointed under section 63, and it is not clear which agency the documents should be directed to, the person who has received service should immediately contact the Office of Legal Services Coordination (OLSC). OLSC will then determine which agency, on behalf of the Commonwealth, is to take responsibility for the matter in line with the Guideline on Responsibility for litigation involving the Commonwealth, as issued by the Attorney-General.

10. Section 116 of the Directions requires persons appointed to receive service to provide information to the relevant Commonwealth agency confirming receipt of service and forwarding the served documents:

• by close of business on the next business day after they have received service; and

• using the template approved by OLSC, which is as follows:

  Although [Name of Law Firm] has accepted service of these documents, you are not required to instruct [Name of Law Firm] to act in this matter. Now that service has been effected on the Commonwealth, it is open for you to instruct the law firm of your choice, subject to any other restrictions under the Directions, (which may include [Name of Law Firm]) to handle the matter.

Appointment to receive service under section 63

11. Law firms and individual private sector lawyers providing legal services to the Commonwealth or its agencies may apply to OLSC to be appointed by the Attorney-General under section 63 of the Judiciary Act. 

12. In determining whether to appoint a firm, and lawyers within a firm, to receive service on behalf of the Commonwealth, the Attorney-General will consider (although this is not an exhaustive list) the following:

• whether the firm and lawyer seeking appointment have sufficient professional experience, and whether individual lawyers are appropriately senior (the equivalent of SES / Senior Associate / Partner)
• whether the firm and lawyer seeking appointment have experience in handling Commonwealth claims and litigation, and are ordinarily able to identify the relevant Commonwealth agency to manage the matter, and
• whether the firm and lawyer have the administrative resources to ensure that notice is given to the correct responding party properly and efficiently, as soon as possible after receipt of service. 

Applications for appointment to receive service

13. Applications for appointment to receive service should be made to the Attorney-General, via OLSC, in the first instance.

14. The application should:

• provide the curricula vitae of the lawyers nominated for appointment, detailing their professional experience and experience in handling Commonwealth claims and litigation
• address the capacity of other staff within the firm (such as mailroom attendants and receptionists) to deal with service of documents correctly and promptly, and
• describe the processes and procedures to be put in place to ensure that service is dealt with properly, swiftly and efficiently.

15. The above list is not an exhaustive list, and OLSC may request further information to support the application to assist in the decision-making process.

16. The decision to appoint an applicant under section 63 has not been delegated by the Attorney-General.

Locations to effect personal service of court documents on the Commonwealth

17. A list of locations in each capital city where court documents can be served on the Commonwealth in-person is available on the Attorney-General’s Department website.

Providing an originating process electronically

18. The Australian Government Solicitor (AGS) has established an email address to help bring originating process that names the Commonwealth as a party to the attention of the relevant part of the Commonwealth.

19. Sending an originating process to the AGS email address will not ordinarily constitute effective service. Where you send originating process to that address, AGS will forward it to the relevant Commonwealth department or agency, or their lawyer, in order for them to contact the applicant and advise whether service is accepted. Further information is available on AGS’s website.

20.If the originating process has otherwise been served on, or brought to the attention of, the relevant part of the Commonwealth, there is no separate requirement to send a copy of the originating process to the AGS email address.

Reporting requirements under the Directions

21. Within 60 days after the end of each financial year, accountable authorities of entities must give OLSC a Certificate of Compliance which outlines, amongst other things, the entity’s use of persons appointed under section 63 of the Judiciary Act to receive service in proceedings to which the Commonwealth is a party (paragraph 109(3)(c) of the Directions).

22. Subsection 112(4) of the Directions extends this reporting requirement to most corporate Commonwealth entities.

Where can I get further help?

23. If you have any questions about the service of documents, please contact OLSC at olsc@ag.gov.au.

Office of Legal Services Coordination
Phone: 02 6141 3642
E-mail: olsc@ag.gov.au
Issued: March 2026

This guidance material is of a general nature only and does not convey or contain legal advice.