Uniform Civil Procedure Rules 2005
Current version for 9 April 2020 to date (accessed 6 June 2020 at 01:23)
Part 11A Division 2
Division 2 Service abroad of local judicial documents
11A.3   Application of Division
(1)  Subject to subrule (2), this Division applies to service in a Convention country of a local judicial document.
(2)  This Division does not apply if service of the document is effected, without application of any compulsion, by an Australian diplomatic or consular agent mentioned in Article 8 of the Hague Convention.
11A.4   Application for request for service abroad
(1)  A person may apply to the Registrar, in the 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 the approved form,
(b)  the document to be served,
(c)  a summary of the document to be served, which must be in the approved form,
(d)  if, under Article 5 of the Hague 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, the official language or one of the official languages of that country, a translation into that language 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 those 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 Registrar within 28 days after receipt from the Registrar of a notice specifying the amount of those costs under rule 11A.6(3), and
(c)  to give such security for those costs as the 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 subrule (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 documents to be served, and
(b)  the translator’s full name and address and his or her qualifications for making the translation.
11A.5   How application to be dealt with
(1)  If satisfied that the application and its accompanying documents comply with rule 11A.4, the Registrar—
(a)  must sign the request for service abroad, and
(b)  must forward 2 copies of the relevant documents—
(i)  if the applicant has asked for the request to be forwarded to a nominated additional authority for the Convention country in which service of the document is to be effected—to the nominated additional authority, or
(ii)  in any other case—to the Central Authority for the Convention country in which service of the document is to be effected.
(2)  The relevant documents mentioned in subrule (1)(b) are the following—
(a)  the request for service abroad (duly signed),
(b)  the document to be served,
(c)  the summary of the document to be served,
(d)  if required under rule 11A.4(2)(d), a translation into the relevant language of each of the documents mentioned in paragraphs (b) and (c).
(3)  If not satisfied that the application or any of its accompanying documents complies with rule 11A.4, the Registrar must inform the applicant of the respects in which the application or document fails to comply.
11A.6   Procedure on receipt of certificate of service
(1)  Subject to subrule (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 Registrar—
(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 subrule (1), a certificate of service is in due form if—
(a)  it is in the approved form, 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 subrule (1), the Registrar must send to the legal practitioner or applicant who gave the undertaking mentioned in rule 11A.4(3) a notice specifying the amount of those costs.
(4)  For the purposes of subrule (3), a statement of costs is in due form if—
(a)  it relates only to costs of a kind mentioned in rule 11A.4(3)(a), and
(b)  it has been completed by a certifying authority for the Convention country in which service was requested.
(5)  Subrule (1) does not apply unless—
(a)  adequate security to cover the costs mentioned in subrule (3) has been given under rule 11A.4(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 Registrar.
11A.7   Payment of costs
(1)  On receipt of a notice under rule 11A.6(3) in relation to the costs of service, the legal practitioner or applicant, as the case may be, must pay to the Registrar the amount specified in the notice as the amount of those costs.
(2)  If the legal practitioner or applicant fails to pay that amount within 28 days after receiving the notice—
(a)  except by leave of the Court, the applicant may not take any further step in the proceedings to which the local judicial document relates until those costs are paid to the Registrar, and
(b)  the Registrar may take such steps as are appropriate to enforce the undertaking for payment of those costs.
11A.8   Evidence of service
A certificate of service in relation to a local judicial document (being a certificate in due form within the meaning of rule 11A.6(2)) that certifies that service of the document was effected on a specified date is, in the absence of any evidence to the contrary, sufficient proof that—
(a)  service of the document was effected by the method specified in the certificate on that date, and
(b)  if that method of service was requested by the applicant, that method is compatible with the law in force in the Convention country in which service was effected.