New South Wales Civil Practice & Procedure Practice Test

In the context of the Uniform Civil Procedure Rules (UCPR), an affidavit of service is considered adequate proof of service. This document is a sworn statement by the person who has served the documents, confirming that they have completed the service in compliance with the relevant rules. The affidavit typically includes details such as the date, time, and manner of service, as well as information about the recipient. This provides a formalized and legally recognized method of demonstrating that service has been properly executed, establishing a clear record that can be relied upon in court.

The other methods, although they may provide some level of evidence regarding service, do not meet the stringent requirements set forth by the UCPR. For example, a phone call confirmation lacks the legal standing and formal requirements necessary to be considered proof in a court setting. Similarly, while a proof of delivery signature may confirm receipt, it does not constitute a formal affidavit prepared under legal oath. A videotape of the service process could provide visual evidence but does not fulfill the requirements of a sworn statement, nor does it serve as a substitute for an affidavit as mandated by the rules. Therefore, the affidavit of service stands as the most reliable and appropriate form of proof of service according to UCPR.