Bailiffs and process servers

Bailiffs and process servers play key roles in the legal system by serving legal documents and enforcing court orders.

Bailiffs are court-appointed officers who can serve legal documents, execute enforcement warrants, and carry out other tasks authorised by law.

Process servers work privately to deliver legal documents but do not have enforcement powers.

If you’re the plaintiff in a civil matter, you must decide whether you need enforcement powers or simply document delivery.

What they do

Bailiffs

Bailiffs, also called enforcement officers, are appointed by the court to perform specific legal tasks. Their main duties include:

  • serving (delivering) legal documents to individuals or businesses at nominated addresses in accordance with requirements set out in legislation
  • executing enforcement warrants (e.g. seizing property and arranging its sale at auction)
  • executing enforcement hearing warrants, which may involve apprehending a person with police assistance.

Process servers

Process servers, or licensed field agents, work privately to serve legal documents to people involved in legal proceedings.

Unlike bailiffs, they’re not appointed by the court and do not have enforcement powers.

Their role is limited to ensuring documents are delivered correctly and on time.

Deciding between a bailiff and process server

Bailiffs are engaged to serve legal documents and carry out enforcement actions, such as executing a warrant or seizing property.

Process servers are used to serve legal documents that do not require enforcement powers.

It’s up to you to decide which service is appropriate for your situation.

How to engage

Bailiffs

To find and engage a bailiff:

The court registry does not serve filed court documents. If you engage a bailiff to serve initiating proceedings or other documents (other than warrants), you must deal directly with the bailiff.

Bailiffs acting as process servers

Many bailiffs are also accredited process servers.

When engaging a bailiff, confirm whether you want them to act as a court-appointed bailiff or a private process server.

Process servers

To find and engage a process server, search online for ‘process servers’ or ‘licensed field agents’ in your area.

For a fee, you can check the field agent is licensed.

Before engaging, discuss your needs and agree on fees.

Fees and expenses

Bailiffs

Bailiffs charge fees set by legislation.

This may also include reasonable expenses, including:

  • extra travel costs to serve documents or enforce orders, especially in remote or regional areas
  • enforcement-related costs (e.g. storage of seized property, auction fees).

For more details, refer to Schedule 2A of the Uniform Civil Procedure (Fees) Regulation 2019.

Process servers

Process servers operate privately, so their fees are not regulated by legislation. Costs may vary depending on:

  • the type of document being served
  • the location of the person being served
  • the urgency or complexity of the service.

It’s a good idea to get quotes from at least a few process servers to compare prices.

Recovering costs

If the court rules in your favour, you may be able to recover costs for common actions, including serving documents or enforcing orders. This depends on whether the court awards costs, which usually occurs if you are the successful party.

In some circumstances, costs may be awarded in an amount determined by the court. Otherwise, recovery of costs is usually assessed according to the scale of costs prescribed in Schedule 1 or Schedule 2 of the Uniform Civil Procedure Rules 1999.

Bailiffs

Unless the court orders otherwise, costs are assessed according to the scale of costs, including for expenses like service of documents or enforcement-related costs. There may be a small difference between the amount you can recover versus the amount you paid to a bailiff.

Process servers

You can only recover up to the amount the court would have allowed under the scale of costs. Process servers can set their own fees, which could be higher than bailiffs fees. If the process server charged more, you’ll need to pay the difference.

Keep records

Keep detailed records of all fees and expenses. These may need to be submitted to the court as part of your claim for costs.

More information

See the list of court bailiffs (enforcement officers)