Commonwealth Consolidated Regulations

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FEDERAL COURT RULES 2011 - RULE 10.76

Affidavit as to service

             (1)  If service of a document has been effected pursuant to a request for service in this jurisdiction, the person by whom service has been effected must lodge with the Court an affidavit of service stating:

                     (a)  the time, day of the week and date the document was served; and

                     (b)  the place where the document was served; and

                     (c)  the method of service; and

                     (d)  the person on whom the document was served; and

                     (e)  the way in which that person was identified.

             (2)  If attempts to serve a document pursuant to a request for service in this jurisdiction have failed, the person by whom service has been attempted must lodge with the Court an affidavit stating:

                     (a)  the attempts made to serve the document; and

                     (b)  why service has not been possible.

             (3)  When an affidavit as to service of a document has been lodged in accordance with this rule, the Registrar:

                     (a)  must complete a certificate of service, sealed with the seal of the Court, on the reverse side of, or attached to, the request for service in this jurisdiction; and

                     (b)  must forward the certificate of service, together with a statement as to the costs incurred in relation to the service or attempted service of the document, directly to the forwarding authority from which the request was received.

             (4)  A certificate of service must be:

                     (a)  in accordance with Part 2 of Form 25; or

                     (b)  if a form or certificate that substantially corresponds to Part 2 of Form 25 accompanies the request for service, in that accompanying form.

   



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