Document ID: chunk:federal_register_of_legislation:F2024L01638:reg:82:p1
Version: federal_register_of_legislation:F2024L01638
Segment Type: reg
Provision Reference: reg 82 (pt 1/2)
Character Range: 110310–112938

82  Application for request for service abroad
 (1) A person may apply to the relevant Registrar, in the relevant Registrar's capacity as a forwarding authority for a Convention country, for a request for service in the Convention country of a local judicial document.
 (2) The application must be accompanied by 3 copies of each of the following documents:
 (a) a draft request for service abroad, which must be in accordance with Part 1 of Form 1 in Schedule 3;
 (b) the local judicial document to be served;
 (c) a summary of the local judicial document to be served, which must be in accordance with Form 2 in Schedule 3;
 (d) if, under Article 5 of the Hague Service Convention, the Central Authority for the Convention country, or any Convention additional authority for the  Convention country, requires the local judicial document to be served to be written in, or translated into, an official language 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 legal practitioner on the record for the applicant or, if there is no legal practitioner on the record for the applicant, by the applicant:
 (a) to be personally liable for all costs that are incurred:
 (i) by the employment of a person to serve the local judicial document to be served, being a person who is qualified to do so under the law of the Convention country in which the document is to be served; or
 (ii) by the use of any particular method of service that has been requested by the applicant for the service of the local judicial document to be served; and
 (b) to pay the amount of those costs to the relevant Registrar within 28 days after receipt from the relevant Registrar of a notice specifying the amount of those costs under subsection 84(3); and
 (c) to give such security for those costs as the relevant Registrar may require.
 (4) The draft request for service abroad:
 (a) must be completed (except for signature) by the applicant; and
 (b) must state whether, if the time fixed for entering an appearance in the proceedings to which the local judicial document relates expires before service is effected, the applicant wants service to be attempted after the expiry of that time; and
 (c) must be addressed to the Central Authority, or to a Convention additional authority, for the Convention country in which the person is to be served; and
 (d) may state that the applicant requires a Convention certificate of service that is completed by a Convention additional authority to