Australian Capital Territory Current Regulations

COURT PROCEDURES RULES 2006 - REG 6555

    (1)     The registrar must, on receipt of a certificate of service in due form of a local judicial document to which a request for service abroad relates—

        (a)     arrange for the original certificate to be filed in the proceeding to which the document relates; and

        (b)     send a copy of the certificate to—

              (i)     if there is a legal practitioner on the record for the applicant in the proceeding—the legal practitioner; or

              (ii)     if there is not a legal practitioner on the record for the applicant in the proceeding—the applicant.

    (2)     For subrule (1), a certificate of service is in due form if—

        (a)     the certificate is in accordance with approved form 6.21, part 2; and

Note     See approved form 6.21 (Request for service abroad of judicial documents and certificate) AF2009-149

        (b)     the certificate has been completed by a certifying authority for the Hague Convention country in which service was requested; and

        (c)     if the applicant requires that a certificate completed by an additional authority is countersigned by the central authority—the certificate is countersigned by the central authority.

    (3)     The registrar must, on receipt of a statement of costs in due form in relation to the service of a local judicial document mentioned in subrule (1), send a notice stating the amount of the costs to the legal practitioner, or applicant, who signed the undertaking mentioned in rule 6553.

    (4)     For subrule (3), a statement of costs is in due form if it—

        (a)     relates only to costs of a kind mentioned in rule 6553 (3) (a); and

        (b)     has been completed by the certifying authority for the Hague Convention country in which service was requested.

    (5)     Subrule (1) does not apply unless—

        (a)     adequate security to cover the costs mentioned in subrule (3) has been given under rule 6553 (3) (c); or

        (b)     if the security given under rule 6553 (3) (c) is inadequate to cover the costs, an amount equal to the amount by which the costs exceed the security has been paid to the registrar.