Div 2Service in convention countries

Division 2 Service in convention countries

6 Service under convention

This Division applies to service of judicial documents in a convention country.

7 Requisite documents

A party seeking service under this Division must:

(a) lodge with the Registrar:

(i) the document to be served;

(ii) unless English is an official language of the country concerned, a translation of the document in accordance with rule 8;

(iii) a copy of the document and of the translation;

(iv) such further copies of the document and of the translation as the Registrar may direct; and

(v) if any special or particular manner of service is required, a request for service in that manner and, unless English is an official language of the country concerned, a translation of the request; and

(b) file:

(i) a copy of each of the documents mentioned in paragraph (a); and

(ii) a request and undertaking in accordance with rule 9.

8 Translation

A translation of a document lodged under rule 7 must:

(a) be a translation into an official language of the country in which service is required; and

(b) bear a certificate in that language, of the translator, stating his or her qualifications and certifying that it is a translation of the document.

9 Request and undertaking

A request and undertaking filed under rule 7 must contain:

(a) a request by the applicant to the Registrar of the Court that a sealed copy of the document to be served be transmitted to the country concerned for service on a specified person;

(b) a reference to the applicable convention; and

(c) an undertaking by the applicant or the applicant’s solicitor or authorised representative to pay to the Registrar of the Court an amount equal to the sum of all expenses incurred in consequence of the request for service.

10 Procedure on filing and lodgment

(1) When documents referred to in rule 7 are filed and lodged in a District Registry, they shall be transmitted to the Registrar of the Court.

(2) The Registrar of the Court must seal the documents lodged with the seal of the Court and send them to the Secretary to the Attorney-General’s Department for transmission for service, together with such letter of request (if any) as may be necessary.

11 Evidence of service

Where the Registrar of the Court has sent documents to the Secretary to the Attorney-General’s Department as mentioned in rule 10, and afterwards a certificate purporting to be a certificate of a judicial authority or other responsible person in the country concerned or of a British or Australian consular authority in that country as to service or attempted service or non-service is filed, the certificate shall be evidence of the matters stated in the certificate.