Commonwealth Numbered Regulations

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1994 No. 110 INDUSTRIAL RELATIONS COURT RULES - ORDER 8 RULE 16

Substituted service
16. (1) If an official certificate or declaration (on oath or otherwise)
transmitted to the Court through the diplomatic channel by the government or a
court of a country to which this Division applies, certifies or declares that
efforts to serve a document have been without effect, the Court or a Judge, on
ex parte application by the applicant, may order in accordance with Form 14C
in the First Schedule that the applicant be permitted to request substituted
service of the document.

(2) A request for substituted service may be made by the applicant at the
Registry out of which the document to be served has been issued, by filing:

   (a)  a request in accordance with Form 14A in the First Schedule; and

   (b)  the document.

(3) A copy of the order and of the document must be sealed in accordance with
subrule 15(2) and must be passed to the Secretary of the Attorney-General's
Department by the Registrar, together with:

   (a)  a copy of the document translated into an official language of the
        country in which it is to be served; and

   (b)  a request in accordance with Form 14B in the First Schedule for
        transmission to the government of the country in respect of which
        leave has been given. 


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