Australian Capital Territory Numbered Regulations Australian Capital Territory Numbered Regulations“1. In this Order—
“2. (1) Subject to this rule and rule 3, this Order applies to the service in the Territory of a document originating in a Convention country and connected with civil proceedings pending before a court or tribunal of that country, where a request for service, together with accompanying documents in accordance with rule 3, is forwarded by a competent authority—
(a) to the Central Authority and forwarded by the Central Authority to an additional authority; or
(b) to an additional authority.
“(2) Where the request for service is forwarded to an additional authority in accordance with paragraph (1) (b) and, in the opinion of the additional authority—
(a) compliance with the request for service may infringe Australia's sovereignty or security; or
(b) the document to which the request for service relates is not a judicial document;
the additional authority shall transmit the request for service and the accompanying documents to the Central Authority.
“(3) Where the Central Authority returns the request for service and the accompanying documents to the additional authority, this Order then applies to the service of the document to which the request relates.
“3. (1) This Order does not apply to a request for service unless it is accompanied by the following documents:
(a) a copy of the request for service;
(b) the document to be served;
(c) a copy of the document to be served;
(d) a summary in accordance with Form 4 in Schedule 15 of the document to be served;
(e) an English translation of a document referred to in paragraph (a), (b) or (c) where—
(i) the document is not in the English language; and
(ii) the request for service does not contain a request that the service be by delivery to the person to be served if that person accepts such service voluntarily.
“(2) A translation required by paragraph (1) (e) shall, unless the additional authority otherwise directs, bear a certificate in the English language by the translator stating that the translation is an accurate translation of the document.
“4. (1) An additional authority that receives a request for service to which this Order applies shall request the Sheriff to serve the relevant document together with—
(a) such of those documents referred to in paragraphs 3 (1) (a), (d) and (e) as accompanied the request for service; and
(b) any warning statement attached to the summary of the document to be served that the request seeks to have served.
“(2) Subject to subrule (3), the Sheriff, in giving effect to the request of the additional authority, shall cause the service requested to be effected by one of the following methods:
(a) a method permitted by a law in force in the Territory for the service of a document of a kind corresponding to the document to be served;
(b) where there is no corresponding kind of document—a method permitted by Order 10 for the service of a writ of summons or an originating summons.
“(3) Where it is made to appear to the Court that prompt service cannot be effected under this rule, the Court may make such order for substituted or other service or for the substitution for service of notice by advertisement or otherwise, as is just, on the basis of an affidavit filed by the Sheriff and made by the person who attempted to serve the document, specifying—
(a) details of the attempts made to serve the document; and
(b) the reasons that have prevented service;
without an application being made to the Court in that behalf.
“5. Where service of the document to be served has been effected or attempts to serve the document have failed, the Sheriff shall file with the additional authority an affidavit, made by the person who effected or attempted the service, specifying—
(a) where the document has been served—
(i) the time, day of the week and date on which it was served;
(ii) the place where it was served;
(iii) the method of service;
(iv) the person to whom the document was delivered; and
(v) the way in which that person was identified; or
(b) where the document has not been served—
(i) details of the attempts made to serve it; and
(ii) the reasons whereby service was not effected.
“6. Upon the filing of an affidavit under rule 5 the additional authority shall—
(a) complete a certificate, sealed with the Seal of the Court, in accordance with Form 5 in Schedule 15 on the reverse side of, or attached to, the request for service; and
(b) send it directly to the applicant.
“1. In this Order—
“2. This Order applies to the service of a foreign legal document other than service to which Order 84 applies.
“3. (1) This rule applies to the service of any document where—
(a) the document relates to civil proceedings pending before a court or tribunal of a foreign country; and
(b) the Registrar receives, through an official channel, a letter from the court or tribunal requesting service of the document on a person in the Territory.
“(2 ) Service requested under this rule shall not be effected unless the letter of request is accompanied by—
(a) if the letter is not in the English language—a translation of the letter into the English language;
(b) the document;
(c) 2 copies of the document; and
(d) if the document is not in the English language—2 copies of a translation of the document into the English language.
“(3) Subject to any Act or Commonwealth Act that provides for the manner in which a document may be served on a body corporate, service requested under this rule shall be effected by leaving with the person to be served a copy of the document and of any translation of it.
“(4) The Registrar shall transmit to the court or tribunal that had requested service under this rule, through the official channel through which the request had been received, a certificate under the Seal of the Court that states—
(a) that service has been effected and the date of service; or
(b) that service has not been effected and the reasons for which it has not been possible to effect it;
as the case requires, and the amount payable for effecting or attempting to effect service.
“(5) In this rule—
“4. (1) This rule applies to the service of any document where—
(a) the document relates to civil proceedings pending before a court or tribunal of a foreign country that, together with Australia, is a party to a convention; and
(b) the Registrar receives, from an official channel, a letter requesting service of that document on a person in the Territory.
“(2) This rule has effect subject to—
(a) any Act or Commonwealth Act that provides for the manner in which a document may be served on a body corporate; and
(b) the provisions of the relevant convention.
“(3 ) Service requested under this rule shall not be effected unless the letter of request is accompanied by—
(a) if the letter is not in the English language—a translation of the letter into the English language;
(b) the document;
(c) 2 copies of the document; and
(d) if the document is not in the English language—2 copies of a translation of the document into the English language.
“(4) Service requested under this rule shall be effected by leaving with the person to be served—
(a) the document to be served or, if the letter of request so indicates, a copy of the document; and
(b) a copy of any translation of the document.
“(5) Where—
(a) service requested under this rule has been effected; or
(b) all reasonable attempts to effect it have failed;
the person who served or attempted to serve the document shall file—
(c) an affidavit stating when, where and how he or she effected service or attempted to do so; and
(d) a statement of the costs incurred in effecting or attempting to effect the service.
“(6) The Registrar shall transmit to the official channel that had requested service under this rule a certificate under the Seal of the Court that states—
(a) that the document or a copy thereof, as the case requires, has been served and the date, time and manner of service; or
(b) that service has not been effected and the reason for which it has not been possible to effect it;
as the case requires, and the amount payable for effecting or attempting to effect service.
“5. On application made by the Government Solicitor with the consent of the Attorney-General, the Court may make such orders for substituted service as are just in the circumstances.”.