For legal aid to be granted for a process server the following tests must be satisfied:
- aid has been provided for the substantive matter, and
- a subpoena/summons has been filed in court and is required to be served upon a person or organisation by way of a process server.
Requirements
Practitioners seeking an extension of aid for a process server, should electronically submit an extension for aid request via the Grants Online system and advise the assessing officer whether standard or urgent service is required, and the distance from GPO if Brisbane based or from principal place of business if outside Brisbane to the location of service.
Interpretation
If a process server is required, the practitioner must engage a process server who will accept legal aid rates. Legal Aid Queensland has an arrangement with RSM - Risk & Security Management who accept legal aid scale of fees.
Legal Aid Queensland expects the practitioner to engage process servers in the most cost effective manner possible.
Travel expenses are claimable at legal aid rates when travel exceeds 35 kilometres single round trip.
Travelling time is not claimable by process servers.
The process server fee includes three attempted services at the same address.