Commonwealth Consolidated Acts Commonwealth Consolidated Acts
Section 24
Request For Service Of Originating Process On A Foreign State
TO: The Attorney - General of the Commonwealth
A proceeding has been commenced in ( name of court, tribunal, etc. ) against ( here insert name of foreign State ).
The proceeding concerns ( short particulars of the claim against the foreign State ).
In accordance with section 24 of the Foreign States Immunities Act 1985 , enclosed are:
(a) the initiating process in the proceeding;
(b) a statutory declaration;
(c) * a translation of the initiating process into ( name of language ), an official language of the foreign State; and
(d) * a certificate signed by the translator,
and it is requested that this Form, the initiating process, the statutory declaration, * the translation and the certificate be transmitted by the Department of Foreign Affairs to the department or organ of the foreign State that is equivalent to that Department.
It is further requested that, when service of the initiating process and other documents has been effected on the foreign State in accordance with that Act, the Minister for Foreign Affairs certify accordingly under section 40 of that Act, and forward the certificate to ( name and address of person to whom certificate of service should be forwarded ).
DATED this d ay of 19
( signature of plaintiff or applicant )
* delete if not applicable.
Section 28
Request For Service Of Default Judgment Or Order On A Foreign State
TO: The Attorney - General of the Commonwealth
In a proceeding in ( name of court, tribunal, etc. ), a judgment in default of appearance has been given , or an order for the registration of a foreign judgment, or for the recognition or enforcement of a foreign award, in default of appearance has been made, against ( name of foreign State ).
The proceeding concerns ( short particulars of the claim against the foreign State ).
In accordance with section 28 of the Foreign States Immunities Act 1985 , enclosed are:
(a) a copy of the judgment or order , authenticated as required by that Act;
(b) * a translation of the judgment or order into ( name of language ), an official language of the foreign State; and
(c) * a certificate signed by the translator,
and it is requested that the judgment or order , * the translation and the certificate be transmitted by the Department of Foreign Affairs to the department or organ of the foreign State that is equivalent to that Department.
It is further requested that, when service of the judgment or order and other documents has been effected on the foreign State in accordance with that Act, the Minister for Foreign Affairs certify accordingly under section 40 of that Act, and forward the certificate to ( name and address of person to whom certificate of service should be forwarded ).
DATED this d ay of 19
( signature of person in whose favour the judgment was given or the order was made )
* delete if not applicable.