Document ID: chunk:federal_register_of_legislation:F2024C00519:reg:4:p36
Version: federal_register_of_legislation:F2024C00519
Segment Type: reg
Provision Reference: reg 4 (pt 36/43)
Character Range: 199050–201693

will deal with misdirected and non‑compliant requests, make arrangements for the service of extrajudicial documents and assess and decide questions concerning Australia's sovereignty and security.

10.75  Service
 (1) Subject to rule 10.73, on receipt of a request for service in this jurisdiction, the Court must arrange for the service of the relevant documents in accordance with the request.
 (2) The relevant documents mentioned in subrule (1) are the following:
 (a) the document to be served;
 (b) a summary of the document to be served;
 (c) a copy of the request for service in this jurisdiction;
 (d) if either of the documents mentioned in paragraphs (a) and (b) is not in the English language, an English translation of the document.
 (3) Service of the relevant documents may be effected by any of the following methods of service:
 (a) by a method of service prescribed by the law in force in this jurisdiction:
 (i) for the service of a document of a kind corresponding to the document to be served; or
 (ii) if there is no such corresponding kind of document—for the service of initiating process in proceedings in the Court;
 (b) if the applicant has requested a particular method of service and that method is compatible with the law in force in this jurisdiction—by that method;
 (c) if the applicant has not requested a particular method of service and the person requested to be served accepts the document voluntarily—by delivery of the document to the person requested to be served.

10.76  Affidavit as to service
 (1) If service of a document has been effected pursuant to a request for service in this jurisdiction, the person by whom service has been effected must lodge with the Court an affidavit of service stating:
 (a) the time, day of the week and date the document was served; and
 (b) the place where the document was served; and
 (c) the method of service; and
 (d) the person on whom the document was served; and
 (e) the way in which that person was identified.
 (2) If attempts to serve a document pursuant to a request for service in this jurisdiction have failed, the person by whom service has been attempted must lodge with the Court an affidavit stating:
 (a) the attempts made to serve the document; and
 (b) why service has not been possible.
 (3) When an affidavit as to service of a document has been lodged in accordance with this rule, a Registrar:
 (a) must complete a certificate of service, sealed with the seal of the Court, on the reverse side of, or attached to, the request for service in this jurisdiction; and
 (b) must forward the certificate of service, together with a statement as