New South Wales Consolidated Regulations

UNIFORM CIVIL PROCEDURE RULES 2005 - REG 11A.6

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.