Commonwealth Consolidated Regulations

FEDERAL COURT RULES 2011 - RULE 10.51

    If a party wants to serve a document on a person in a foreign country:

  (a)   through the diplomatic channel; or

  (b)   by transmission to a foreign government in accordance with a convention (the relevant convention );

the party must lodge in the District Registry:

  (c)   a request for service, in accordance with Form 23; and

  (d)   a request for transmission, in accordance with Form 24; and

  (e)   the party's or the party's lawyer's written undertaking, to pay to the Chief Executive Officer the amount of the expenses incurred by the Court in giving effect to the party's request; and

  (f)   the number of copies of each document that are required by the relevant conventions to be served; and

  (g)   if necessary, a translation into the foreign country's official language (including a statement by the translator attesting to the accuracy of the translation) of the following:

  (i)   the request for transmission mentioned in paragraph   (d);

  (ii)   each document to be served.

Note:   This rule does not apply if service of a document is to be effected on a person in a country, other than Australia, that is a party to the Hague Convention. Service in a country that is a party to the Hague Convention is dealt with in Division   10.6.