Commonwealth Consolidated Regulations

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FEDERAL COURT RULES 2011 - RULE 10.76

Affidavit as to service

  (1)   If service of a document has been effected pursuant to a request for service in this jurisdiction, the person by whom service has been effected must lodge with the Court an affidavit of service stating:

  (a)   the time, day of the week and date the document was served; and

  (b)   the place where the document was served; and

  (c)   the method of service; and

  (d)   the person on whom the document was served; and

  (e)   the way in which that person was identified.

  (2)   If attempts to serve a document pursuant to a request for service in this jurisdiction have failed, the person by whom service has been attempted must lodge with the Court an affidavit stating:

  (a)   the attempts made to serve the document; and

  (b)   why service has not been possible.

  (3)   When an affidavit as to service of a document has been lodged in accordance with this rule, a Registrar:

  (a)   must complete a certificate of service, sealed with the seal of the Court, on the reverse side of, or attached to, the request for service in this jurisdiction; and

  (b)   must forward the certificate of service, together with a statement as to the costs incurred in relation to the service or attempted service of the document, directly to the forwarding authority from which the request was received.

  (4)   A certificate of service must be:

  (a)   in accordance with Part   2 of Form 25; or

  (b)   if a form or certificate that substantially corresponds to Part   2 of Form 25 accompanies the request for service, in that accompanying form.

 


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