Emails and faxes

Information about how to communicate using fax or email in a legal matter.

For a helpful tool to use when writing an email or a fax, see Checklist - Writing emails and faxes.

Writing emails

Sometimes you can communicate by email rather than letter. You may even be able to send legal documents as attachments to an email rather than by post. In either case, you will need to think carefully about what you will say in the email.

When communicating by email about legal matters, you should use similar practices as you would if you were sending a legal letter. For more information on what to put in letters to courts, solicitors and other parties, see Letters in this topic.

When corresponding by email, you should:

  • check you're sending it to the right email address
  • make sure the recipient's email address is in the "to" address bar
  • check you're not accidentally sending it CC (carbon copy) or BCC (blind carbon copy) to other email addresses
  • add a subject that will make it easy for the recipient to understand what the message is about before they open it
  • if you are making an offer, making admissions or negotiating a settlement, make sure the words "without prejudice" are in the body of the email
  • request a read receipt if you want to know when the recipient has read the email (this is particularly useful if you need evidence that the email was read)
  • if you want a reply don't be afraid to ask for one by a particular (but reasonable) date
  • follow up your email with a telephone call to confirm it was received, just in case the recipient's email program dealt with it as spam or junk mail.

Think about the email address that you are using to send and receive formal correspondence. If it has a very informal name, you might want to create a new email account to use for your case.

Sending legal documents by email

You may be able to serve (formally give the other party) court documents, send evidence, or submit forms by email as attachments. Depending on the court you are in and what the other party has put as their address for service, you may be able to serve:

  • a defence
  • affidavits
  • statements
  • notice of motions
  • draft consent orders
  • offers of compromise,

by email. In some cases you may be able to submit court forms or other forms by email, though you should check with the relevant court, department or agency before doing this.

There are rules about the way certain documents can be served and some documents must always be served by personal service (being handed to the person). You should check the court rules that apply in your case to make sure that you can use email. If you are not sure whether you can serve a document by email, you should get legal advice.

If you want to send a document by email as an attachment, there are some things you should remember:

  • make sure the document is attached
  • make sure the document attached is the final version and not a draft (unless you intend to send the draft)
  • make sure the document is in an easy to read format, such as Word or pdf
  • if you are concerned about the document not being amended, send it as a pdf
  • if the document is a large file, the recipient may not be able to receive it, so try to keep it as small as possible, or send it through in parts
  • if you are concerned about confidentiality, mark the email as confidential.​

Writing faxes

If you want to send legal documents or letters by facsimile (fax), you will generally need to include a fax cover sheet. A fax cover sheet is a page that comes before the first page of the letter or document you are sending and includes information such as:

  • the name of the company the fax is being sent to (if relevant)
  • the name of the person in the company that the document or letter is being sent to
  • the fax number of the company or person the document is being sent to
  • your name
  • your company's name (if relevant)
  • your telephone number, fax number, email address and other contact details
  • the word "URGENT" if the fax is urgent
  • a brief description of the letter or document being sent, including how many pages the fax is (including the cover sheet)
  • a statement in words to the effect that the fax is confidential and for the intended recipient only
  • your signature.

It is a good idea to check with the person or organisation you are sending the fax to whether it will be received in a confidential area. If the fax is a shared machine in an open area and you want to send private documents, you may want to send a letter or email instead of a fax.

There are many templates for fax cover sheets available on word processing software, such as Word, which allow you to fill in the relevant details.

A fax cover sheet could look like this:

FAX

To​ :                               XYZ Law Firm

Attn:                             John Spoon

Fax:                              02 9000 1111

From:                           Gloria Yan

Contact number:        0599 062 789

Return fax:                 02 9001 9999

Date:                          Tuesday, 11 October 20XX

Pages:                          4

Re:                                Gloria Yan v Paddy Smith, Car accident claim
                                     Local Court of NSW, Case number 20XX/010101

This fax is confidential. If you are not the intended recipient, please notify me immediately. 
Please do not copy it, use it for any purpose or disclose its content to any other person.

Dear Sir,

Please find enclosed a copy of my Defence filed at the District Court on 10 October 20XX.

Yours sincerely,

G. Yan

Gloria Yan

encl

Last updated May 2026

Your rating will help us improve our website.