Commonwealth Consolidated Regulations

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Local service of foreign judicial documents - application of rules 10.74 to 10.76

             (1)  Rules 10.74 to 10.76 apply to service in this jurisdiction of a foreign judicial document in relation to which a due form of request for service has been forwarded to the Court:

                     (a)  by the Attorney-General's Department, whether in the first instance or following a referral under rule 10.74; or

                     (b)  by a forwarding authority.

             (2)  Subject to subrule (3), a request for service in this jurisdiction is in due form if it is in accordance with Form 27 and is accompanied by the following documents:

                     (a)  the document to be served;

                     (b)  a summary of the document to be served, which must be in accordance with Form 26;

                     (c)  a copy of the request and of each of the documents mentioned in paragraphs (a) and (b);

                     (d)  if either of the documents mentioned in paragraphs (a) and (b) is not in the English language, an English translation of the document.

             (3)  Any translation required under paragraph (2)(d) must bear a certificate (in English) signed by the translator stating:

                     (a)  that the translation is an accurate translation of the document; and

                     (b)  the translator's full name and address and the translator's qualifications for making the translation.

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