Document ID: chunk:federal_register_of_legislation:F2024L01638:reg:97
Version: federal_register_of_legislation:F2024L01638
Segment Type: reg
Provision Reference: reg 97
Character Range: 128191–130067

97  Procedure on receipt of certificate of service
 (1) Subject to subsection (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 subsection (1), a certificate of service is in due form if it has been completed by an appropriate authority for the Cooperation Convention country in compliance with the requirements (if any) of the Cooperation Convention.
 (3) If the undertaking mentioned in subsection 95(4) has been given, 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 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 95(4)(a); and
 (b) it has been completed by an appropriate authority for the Cooperation Convention country in which service was requested.
 (5) If the undertaking mentioned in subsection 95(4) has been given, subsection (1) does not apply unless:
 (a) adequate security to cover the costs mentioned in subsection (3) has been given under paragraph 95(4)(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.