Document ID: chunk:federal_register_of_legislation:F2024C00519:reg:4:p30
Version: federal_register_of_legislation:F2024C00519
Segment Type: reg
Provision Reference: reg 4 (pt 30/43)
Character Range: 184358–187059

competent under the law of that country to forward a request for service under Article 3 of the Hague Convention); or
 (b) for a request for service of a local judicial document in a Convention country—a Registrar.
initiating process means any document by which proceedings (including proceedings on any cross‑claim or third party notice) are started.
local judicial document means a judicial document that relates to civil proceedings in the Court.
request for service abroad means a request for service in a Convention country of a local judicial document mentioned in rule 10.64(1).
request for service in this jurisdiction means a request for service in this jurisdiction of a foreign judicial document mentioned in rule 10.73(1).
this jurisdiction means Australia.

10.62  Provisions of this Division to prevail
  The provisions of this Division prevail to the extent of any inconsistency between those provisions and any other provisions of these Rules.

10.63  Service abroad of local judicial documents—application of rules 10.64 to 10.68
 (1) Subject to subrule (2), rules 10.64 to 10.68 apply to service in a Convention country of a local judicial document.
 (2) Rules 10.64 to 10.68 do not apply if service of the document is effected, without application of any compulsion, by an Australian diplomatic or consular agent mentioned in Article 8 of the Hague Convention.

10.64  Application for request for service abroad
 (1) A person may apply to a Registrar, in the Registrar's capacity as a forwarding authority, for a request for service in a Convention country of a local judicial document.
 (2) The application must be accompanied by 3 copies of each of the following documents:
 (a) the draft request for service abroad, which must be in accordance with Part 1 of Form 25;
 (b) the document to be served;
 (c) a summary of the document to be served, which must be in accordance with Form 26;
 (d) if, under Article 5 of the Hague Convention, the Central Authority or any additional authority of the country to which the request is addressed requires the document to be served to be written in, or translated into, an official language or one of the official languages of that country, a translation into that language of both the document to be served and the summary of the document to be served.
 (3) The application must contain a written undertaking to the Court, signed by the lawyer on the record for the applicant in the proceeding to which the local judicial document relates or, if there is no lawyer on the record for the applicant in the proceeding, by the applicant:
 (a) to be personally liable for all costs that are incurred:
 (i) by the employment of a person to serve