Document ID: chunk:federal_register_of_legislation:F2024L01638:reg:84
Version: federal_register_of_legislation:F2024L01638
Segment Type: reg
Provision Reference: reg 84
Character Range: 114644–116715

84  Procedure on receipt of Convention certificate of service
 (1) Subject to subsection (5), on receipt of a Convention 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 subsection (1), a Convention certificate of service is in due form if:
 (a) it is in accordance with Part 2 of Form 1 in Schedule 3; and
 (b) it has been completed by a Convention 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 Convention additional authority to be countersigned by the Central Authority for the Convention country—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 subsection (1), the relevant Registrar must send to the legal practitioner or applicant who gave the undertaking mentioned in subsection 82(3) a notice specifying the amount of those costs.
 (4) For the purposes of subsection (3), a statement of costs is in due form if:
 (a) it relates only to costs of a kind mentioned in paragraph 82(3)(a); and
 (b) it has been completed by a Convention certifying authority for the Convention country in which service was requested.
 (5) Subsection (1) does not apply unless:
 (a) adequate security to cover the costs mentioned in subsection (3) has been given under paragraph 82(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.