Australian Capital Territory Numbered Regulations Australian Capital Territory Numbered Regulations“1. In this Order—
“2. (1) Subject to subrule (2), this Order applies to the service in a Convention country of a judicial document connected with civil proceedings pending before the Court or before another court of the Territory.
“(2) This Order does not apply where service of a document is to be effected by an Australian diplomatic or consular representative.
“3. (1) The Registrar shall obtain from the Commonwealth and maintain in a register (in this section referred to as the ‘Hague Convention Register')—
(a) a copy of the Hague Convention;
(b) a current list of Convention countries;
(c) details of any objection or declaration made by any Convention country; and
(d) the names and addresses of all foreign Central Authorities and foreign additional authorities.
“(2) In any proceedings it shall be presumed, unless the contrary is proved, that the Hague Convention Register is a full and accurate record.
“(3) In any proceedings a document that purports to be—
(a) an extract from the Hague Convention Register; and
(b) issued by or on behalf of the Registrar;
is evidence of the matters stated on it.
“4. (1) A requesting party may file—
(a) an application in accordance with subrule (2) for service of a specified document in a specified Convention country;
(b) a request for service in accordance with subrule (3) for signature by the Registrar;
(c) the document to be served;
(d) a summary, in accordance with Form 4 in Schedule 15, of the document to be served;
(e) a statement, in accordance with Form 6 in Schedule 15, attached to or incorporated in, the summary referred to in paragraph (d), that indicates—
(i) the importance and legal nature of the document to be served;
(ii) that the document to be served may affect rights and obligations of the person on whom it is served; and
(iii) the possibility of obtaining legal aid or advice;
(f) 2 copies of each document referred to in each of paragraphs (b), (c), (d) and (e); and
(g) where the foreign Central Authority of the country to which the request is addressed requires that the document to be served be written in, or translated into, an official language of that country other than English—a translation into such a language of each document referred to in paragraphs (b), (c), (d) and (e).
“(2) An application referred to in paragraph (1) (a) shall contain a written undertaking signed by—
(a) where there is a solicitor on the record for the requesting party—that solicitor; or
(b) in any other case—the requesting party;
to the effect that the signatory—
(c) shall be personally liable for all costs incurred, in relation to the service of the document requested to be served, by—
(i) the employment of a judicial officer or other person competent, under the laws of the country in which the document is to be served, to effect service; or
(ii) the use of a specified method of service; and
(d) shall pay the amount of those costs to the Registrar within 14 days of being notified of it.
“(3) A request for service referred to in paragraph (1) (b) shall—
(a) be in accordance with Form 3 in Schedule 15;
(b) be completed, except for signature, by the requesting party;
(c) state whether the requesting party wants service to be attempted if the time for entering an appearance has expired;
(d) indicate where, if the person to be served cannot be located from the address supplied, any additional information concerning the person's whereabouts may be obtained; and
(e) be addressed to a foreign Central Authority or foreign additional authority in the country in which service is to be effected;
and may state whether, in the case where a certificate of service is completed by a person other than a foreign Central Authority or a judicial authority, the certificate is to be countersigned by a foreign Central Authority or a judicial authority.
“(4) A translation referred to in paragraph (1) (g) shall bear a certificate in the language into which the translation has been made stating—
(a) that the translation is an accurate translation of the document; and
(b) the translator's full name, address and qualifications for making the translation.
“5. On being satisfied that Rule 4 has been complied with, the Registrar shall sign the request for service and transmit—
(a) the signed request for service;
(b) the document to be served;
(c) the summary of the document to be served referred to in paragraph 4 (1) (d);
(d) the warning statement referred to in paragraph 4 (1) (e); and
(e) any translations required by paragraph 4 (1) (g);
to—
(f) where the request for service is addressed to a foreign additional authority—that authority; or
(g) in any other case—the foreign Central Authority in the country in which service is requested.
“6. On receipt of a certificate of service in accordance with Form 5 in Schedule 15 the Registrar shall—
(a) file the certificate in the record of the relevant proceedings; and
(b) give a copy to the solicitor for the requesting party or, if there is no solicitor on the record, to the requesting party.
“7. (1) On receipt of a statement of costs of service of a document in a Convention country, being costs referred to in subrule 4 (2), the Registrar shall notify in writing the person who gave the undertaking under that subrule of the amount of those costs.
“(2) The person who gave the undertaking is liable to pay to the Registrar the amount notified under subrule (1) within 14 days of receiving the notification.
“(3) If the amount of the costs of service is not paid in accordance with subrule (2)—
(a) the requesting party may not take any further action in the proceedings until it is paid; and
(b) the Registrar may take appropriate action to enforce the undertaking.
“8. A certificate of service in accordance with Form 5 in Schedule 15 is conclusive evidence that—
(a) service of the document referred to in the certificate occurred on the day and in the manner specified in the certificate; and
(b) the manner of service is compatible with the laws in force in the country where it occurred.
“9. The other Orders of these Rules do not apply to the service of a document that may be served under this Order in so far as they are inconsistent with it.”.