Document ID: chunk:federal_register_of_legislation:F2024C00687:reg:21ah
Version: federal_register_of_legislation:F2024C00687
Segment Type: reg
Provision Reference: reg 21AH
Character Range: 65796–67805

21AH  Procedure on receipt of certificate of service
 (1) Subject to subregulation (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 relevant 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 the proceedings; or
 (ii) if there is no legal practitioner on the record for the applicant in the proceedings—the applicant.
 (2) For the purposes of subregulation (1), a certificate of service is in due form if:
 (a) it is in accordance with Part 2 of Form 1A in Schedule 1; 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 countersigned.
 (3) On receipt of a statement of costs in due form in relation to the service of a local judicial document mentioned in subregulation (1), the relevant Registrar must send to the legal practitioner or applicant who gave the undertaking mentioned in subregulation 21AF(3) a notice specifying the amount of those costs.
 (4) For the purposes of subregulation (3), a statement of costs is in due form if:
 (a) it relates only to costs of a kind mentioned in paragraph 21AF(3)(a); and
 (b) it has been completed by a certifying authority for the Convention country in which service was requested.
 (5) Subregulation (1) does not apply unless:
 (a) adequate security to cover the costs mentioned in subregulation (3) has been given under paragraph 21AF(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 relevant Registrar.