Victorian Numbered Regulations

[Index] [Table] [Search] [Search this Regulation] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

SUPREME COURT (GENERAL CIVIL PROCEDURE) RULES 2015 (SR NO 103 OF 2015) - REG 80.06

Procedure on receipt of certificate of service

    (1)     Subject to paragraph (5), on receipt of a certificate of service in due form in relation to a local judicial document to which a request for service abroad relates, the Prothonotary

        (a)     must arrange for the original certificate to be filed in the proceedings to which the document relates; and

        (b)     must send a copy of the certificate to—

              (i)     the legal practitioner on the record for the applicant in those proceedings; or

              (ii)     if there is no legal practitioner on the record for the applicant in those proceedings, the applicant.

    (2)     For the purposes of paragraph (1), a certificate of service is in due form if—

        (a)     it is in accordance with Part 2 of Form 80A; and

        (b)     it has been completed by a certifying authority for the Convention country in which service was requested; and

        (c)     if the applicant requires a certificate of service that is completed by an additional authority to be countersigned by the Central Authority, it has been so countersigned.

    (3)     On receipt of a statement of costs in due form in relation to the service of a local judicial document mentioned in paragraph (1), the Prothonotary must send to the legal practitioner or applicant who gave the undertaking mentioned in Rule 80.04(3) a notice specifying the amount of those costs.

    (4)     For the purposes of paragraph (3), a statement of costs is in due form if—

        (a)     it relates only to costs of a kind mentioned in Rule 80.04(3)(a); and

        (b)     it has been completed by a certifying authority for the Convention country in which service was requested.

    (5)     Paragraph (1) does not apply unless—

        (a)     adequate security to cover the costs mentioned in paragraph (3) has been given under Rule 80.04(3)(c); or

        (b)     to the extent to which the security so given is inadequate to cover those costs, an amount equal to the amount by which those costs exceed the security so given has been paid to the Prothonotary.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback