Queensland Consolidated Regulations

UNIFORM CIVIL PROCEDURE RULES 1999 - REG 130

130 Service in convention countries

(1) This rule applies if a person—

(a) is required by a convention to serve a document in a convention country in accordance with the convention; or

(b) otherwise wants to serve a document in a convention country in accordance with a convention.

(2) A person serving a document in a convention country must lodge with the registrar—

(a) the document to be served; and

(b) if a particular way of service is required, a request for service in that way; and

(c) if English is not an official language of the convention country, a translation in an official language of the country, certified by the person making it to be a correct translation, of the documents mentioned in paragraphs (a) and (b) ; and

(d) the further copies of each of the documents mentioned in paragraphs (a) to (c) the registrar directs; and

(e) a request and undertaking under subrule (4) .

(3) A certificate given in a translation of a document filed under subrule (2) must state the person’s full name and address and qualifications for making the translation.

(4) A request and undertaking lodged under subrule (2) must—

(a) request the registrar to send a sealed copy of the document to be served to the convention country for service on a specified person; and

(b) refer to the relevant convention; and

(c) include an undertaking by the person or the person’s solicitor to pay to the registrar the expenses incurred by the registrar in complying with the request.

(5) The registrar must give to the Attorney-General for transmission for service—

(a) the documents, stamped with the seal of the court; and

(b) if the judicial authority of the country requires a letter of request—the request.

(6) If, after the registrar sends documents to the Attorney-General under subrule (5) , a certificate of service, attempted service or non-service is filed purporting to be a certificate from—

(a) a judicial authority or other responsible person in the convention country; or

(b) an Australian consular authority in the convention country;

the certificate is evidence of the matters stated in the certificate.

(7) If a person gives an undertaking under subrule (2) and does not, within 7 days after being given an account of the registrar’s expenses in complying with the request for service, pay to the registrar the expenses, the court may, on application by the registrar—

(a) order the person to pay the expenses to the registrar; and

(b) stay the proceeding until the unpaid amount is paid.

(8) Despite subrule (2) (e) , the registrar may—

(a) require the person to provide security in a form satisfactory to the registrar for the anticipated expenses of complying with the request; and

(b) decline to proceed under subrule (5) until security is provided.