Commonwealth Consolidated Regulations

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FEDERAL COURT RULES 2011 - RULE 10.66

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, a Registrar:

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

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

                              (i)  the lawyer on the record for the applicant in the proceeding; or

                             (ii)  if there is no lawyer on the record for the applicant in the proceeding--the applicant.

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

                     (a)  it is in accordance with Part 2 of Form 25; 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), a Registrar must send to the applicant or the applicant's lawyer who gave the undertaking mentioned in rule 10.64(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 paragraph 10.64(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 paragraph 10.64(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 Chief Executive Officer.



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