Document ID: chunk:federal_register_of_legislation:F2024C00519:reg:4:p33
Version: federal_register_of_legislation:F2024C00519
Segment Type: reg
Provision Reference: reg 4 (pt 33/43)
Character Range: 191648–194336

amount equal to the amount by which those costs exceed the security so given has been paid to the Chief Executive Officer.

10.67  Payment of costs
 (1) On receipt of a notice under rule 10.66(3) in relation to the costs of service, the applicant or the applicant's lawyer, as the case may be, must pay to the Chief Executive Officer the amount specified in the notice as the amount of the costs.
 (2) If the applicant or the applicant's lawyer fails to pay that amount within 28 days after receiving the notice:
 (a) except by leave of the Court, the applicant may not take any further step in the proceeding to which the local judicial document relates until the costs are paid to the Chief Executive Officer; and
 (b) the Chief Executive Officer may take such steps as are appropriate to enforce the undertaking for payment of the costs.

10.68  Evidence of service
  A certificate of service in relation to a local judicial document (being a certificate in due form within the meaning of rule 10.66(2)) that certifies that service of the document was effected on a specified date is, in the absence of any evidence to the contrary, sufficient proof that:
 (a) service of the document was effected by the method specified in the certificate on that date; and
 (b) if that method of service was requested by the applicant, that method is compatible with the law in force in the Convention country in which service was effected.

10.69  Default judgment following service abroad of initiating process—application of rules 10.70 to 10.72
  Rules 10.70 to 10.72 apply to civil proceedings for which an initiating process has been forwarded following a request for service abroad to the Central Authority (or to an additional authority) for a Convention country.

10.70  Restriction on power to enter default judgment if certificate of service filed
 (1) This rule applies if:
 (a) a certificate of service of initiating process has been filed in the proceeding (being a certificate in due form (within the meaning of rule 10.66(2)), stating that service has been duly effected; and
 (b) the respondent has not appeared or filed a notice of address for service.
 (2) In circumstances to which this rule applies, default judgment may not be given against the respondent unless the Court is satisfied that:
 (a) the initiating process was served on the respondent:
 (i) by a method of service prescribed by the internal law of the Convention country for the service of documents in domestic proceedings on persons who are within its territory; or
 (ii) if the applicant requested a particular method of service (being a method under which the document was actually delivered to the respondent