Document ID: chunk:federal_register_of_legislation:F2024L01638:reg:95:p1
Version: federal_register_of_legislation:F2024L01638
Segment Type: reg
Provision Reference: reg 95 (pt 1/2)
Character Range: 123465–126121

95  Application for request for service abroad
 (1) A party to proceedings may apply to the relevant Registrar for a request for service in a Cooperation Convention country of a local judicial document.
 (2) The application must be accompanied by 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 the Cooperation Convention, a relevant authority of the Cooperation 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;
 (e) a copy of each document mentioned in paragraphs (a) to (c) and the translations (if required) mentioned in paragraph (d);
 (f) if more copies of the document to be served and the translation are required under the Cooperation Convention—those further copies.
 (3) For the purposes of paragraphs (2)(a) and (c), the Forms may be modified as necessary to facilitate the application of the Forms to the Cooperation Convention.
 (4) If required under the Cooperation Convention, 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 Cooperation 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 97(3); and
 (c) to give such security for those costs as the relevant Registrar may require.
 (5) 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;