Commonwealth Numbered Regulations

1993 No. 225 FEDERAL COURT RULES (AMENDMENT) - RULE 9

9.1 Add at the end:

"Division 3 - Service in non-convention countries Application of Division

"13. This Division applies to service of judicial documents in a
non-convention country. Required documents

"14. (1) A party seeking service under this Division must file a request in
accordance with Form 14A in the First Schedule.

"(2) A document to be served must be sealed with the seal of the Court used
for sealing documents that are to be served outside Australia and must be
passed to the Secretary of the Attorney-General's Department by the Registrar,
together with:

   (a)  a copy of the document translated into an official language of the
        country in which it is to be served; and

   (b)  a request in accordance with Form 14B in the First Schedule: for
        transmission to the government of the country in respect of which
        leave has been given. Proof of service

"15. An official certificate or declaration (on oath or otherwise) transmitted
to the Court through the diplomatic channel by the government or a court of a
country to which this Division applies is sufficient proof of the service of a
document if it certifies or declares that (or to the effect that) the document
has been:

   (a)  personally served; or

   (b)  served in accordance with the law of the country; and, when filed, is
        taken to be a record of the service and the equivalent of an affidavit
        of service under these Rules. Substituted service

"16. (1) If an official certificate or declaration (on oath or otherwise)
transmitted to the Court through the diplomatic channel by the government or a
court of a country to which this Division applies, certifies or declares that
efforts to serve a document have been without effect, the Court or a Judge, on
ex parte application by the applicant, may order in accordance with Form 14C
in the First Schedule that the applicant be permitted to request substituted
service of the document.

"(2) A request for substituted service may be made by the applicant at the
Registry out of which the document to be served has been issued, by filing:

   (a)  a request in accordance with Form 14A in the First Schedule; and

   (b)  the document.

"(3) A copy of the order and of the document must be sealed in accordance with
subrule 15 (2) and must be passed to the Secretary of the Attorney-General's
Department by the Registrar, together with:

   (a)  a copy of the document translated into an official language of the
        country in which it is to be served; and

   (b)  a request in accordance with Form 14B in the First Schedule: for
        transmission to the government of the country in respect of which
        leave has been given.