New South Wales Consolidated Regulations

UNIFORM CIVIL PROCEDURE RULES 2005 - REG 11.17

11.17 Certificate

(cf SCR Part 57, rule 5)

(1) If the request for service is made pursuant to a convention, the principal registrar of the Supreme Court must give either--

(a) a certificate complying with subrule (2), or

(b) such other certificate as is appropriate to the terms of the relevant convention.

(2) A certificate referred to in subrule (1)(a)--

(a) must certify--

(i) that the document or a copy of it was served on the person at the time, and in the manner, specified in the certificate, or

(ii) if attempts to effect service failed, that service has failed and the reasons for the failure, and

(b) must certify the amount of the costs incurred.

(3) If the request for service is made otherwise than pursuant to a convention, the principal registrar of the Supreme Court must give either--

(a) a certificate complying with subrule (4), or

(b) such other certificate as is appropriate to the terms of the letter of request.

(4) A certificate referred to in subrule (3)(a)--

(a) must annex the letter of request, a copy of the document to be served and of any translation, and a copy of the affidavit under rule 11.16, and

(b) must identify the annexures, and

(c) must certify--

(i) that the manner of service of the document and the proof of service are such as are required by these rules in relation to the service of originating process of the Supreme Court, or

(ii) if attempts to effect service failed, that service has failed and the reasons for the failure, and

(d) must certify the amount of the costs incurred.

(5) In each case, the certificate is to be sealed with the seal of the Supreme Court.

(6) The principal registrar of the Supreme Court must send the certificate to the Director-General of the Attorney General's Department or, if the letter of request or any relevant convention so requires, to the appropriate consul or other authority.