Commonwealth Consolidated Regulations

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FEDERAL COURT RULES 2011 - RULE 10.47

Proof of service

  (1)   This rule does not apply to a document served in accordance with the Hague Convention.

Note:   Rules   10.63 to 10.68 deal with service of local judicial documents in a country, other than Australia, that is a party to the Hague Convention.

  (2)   An official certificate or declaration (whether made on oath or otherwise) is sufficient proof of the service of a document on a person in a country other than Australia if the certificate or declaration states:

  (a)   that the document has been personally served on the person in that other country; or

  (b)   that the document has been served on the person in accordance with the law of that other country.

  (3)   If filed, a certificate or declaration mentioned in subrule (2):

  (a)   is taken to be a record of the service of the document; and

  (b)   has effect as if it were an affidavit of service.


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