21AFApplication for request for service abroad

#### 21AF Application for request for service abroad (1) A person may apply to the relevant Registrar, in the relevant Registrar’s capacity as a forwarding authority, for a request for service in a Convention country of a local judicial document. (2) The application must be accompanied by 3 copies of each of the following documents: (a) a draft request for service abroad, which must be in accordance with Part 1 of Form 1A in Schedule 1; (b) the document to be served; (c) a summary of the document to be served, which must be in accordance with Form 1B in Schedule 1; (d) if, under Article 5 of the Hague Service Convention, the Central Authority or any additional authority of the country to which the request is addressed requires the document to be served to be written in, or translated into, an official language of that country, a translation into that language or 1 of the official languages of both the document to be served and the summary of the document to be served. (3) The application must contain a written undertaking to the court, signed by the legal practitioner on the record for the applicant in the proceedings to which the local judicial document relates or, if there is no legal practitioner on the record for the applicant in the proceedings, by the applicant: (a) to be personally liable for all costs that are incurred: (i) by the employment of a person to serve the documents to be served, being a person who is qualified to do so under the law of the Convention country in which the documents are to be served; or (ii) by the use of any particular method of service that has been requested by the applicant for the service of the documents to be served; and (b) to pay the amount of those costs to the relevant Registrar within 28 days after receipt from the relevant Registrar of a notice specifying the amount of those costs under subregulation 21AH(3); and (c) to give such security for those costs as the relevant Registrar may require. (4) The draft request for service abroad: (a) must be completed (except for signature) by the applicant; and (b) must state whether, if the time fixed for entering an appearance in the proceedings to which the local judicial document relates expires before service is effected, the applicant wants service to be attempted after the expiry of that time; and (c) must be addressed to the Central Authority, or to an additional authority, for the Convention country in which the person is to be served; and (d) may state that the applicant requires a certificate of service that is completed by an additional authority to be countersigned by the Central Authority. (5) Any translation required under paragraph (2)(d) must bear a certificate (in both English and the language used in the translation) signed by the translator stating: (a) that the translation is an accurate translation of the document to be served; and (b) the translator’s full name and address and his or her qualifications for making the translation.