Commonwealth Consolidated Regulations

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FEDERAL COURT RULES 2011 - RULE 10.64

Application for request for service abroad

  (1)   A person may apply to a Registrar, in the Registrar's capacity as a forwarding authority, for a request for service in a Convention country of a local judicial document.

  (2)   The application must be accompanied by 3 copies of each of the following documents:

  (a)   the draft request for service abroad, which must be in accordance with Part   1 of Form 25;

  (b)   the document to be served;

  (c)   a summary of the document to be served, which must be in accordance with Form 26;

  (d)   if, under Article 5 of the Hague Convention, the Central Authority or any additional authority of the country to which the request is addressed requires the document to be served to be written in, or translated into, an official language or one of the official languages of that country, a translation into that language of both the document to be served and the summary of the document to be served.

  (3)   The application must contain a written undertaking to the Court, signed by the lawyer on the record for the applicant in the proceeding to which the local judicial document relates or, if there is no lawyer on the record for the applicant in the proceeding, by the applicant:

  (a)   to be personally liable for all costs that are incurred:

  (i)   by the employment of a person to serve the documents to be served, being a person who is qualified to do so under the law of the Convention country in which the documents are to be served; or

  (ii)   by the use of any particular method of service that has been requested by the applicant for the service of the documents to be served; and

  (b)   to pay the amount of those costs to the Chief Executive Officer within 28 days after receipt from a Registrar of a notice specifying the amount of those costs under rule   10.66(3); and

  (c)   to give such security for those costs as a Registrar may require.

  (4)   The draft request for service abroad, in accordance with Form 25:

  (a)   must be completed (except for signature) by the applicant; and

  (b)   must state whether (if the time fixed for entering an appearance in the proceeding to which the local judicial document relates expires before service is effected) the applicant wants service to be attempted after the expiry of that time; and

  (c)   must be addressed to the Central Authority, or to an additional authority, for the Convention country in which the person is to be served; and

  (d)   may state that the applicant requires a certificate of service that is completed by an additional authority to be countersigned by the Central Authority.

  (5)   Any translation required under paragraph   (2)(d) must bear a certificate (in both English and the language used in the translation) signed by the translator stating:

  (a)   that the translation is an accurate translation of the documents to be served; and

  (b)   the translator's full name and address and the translator's qualifications for making the translation.


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