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FOREIGN STATES IMMUNITIES ACT 1985 - SCHEDULE

Form 1  

   

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 the initiating process, * 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                        day of               19   

                        ( signature of plaintiff or applicant )

*  delete if not applicable.


 

Form 2  

   

Section 28

Request For Service Of Default Judgment 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 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, authenticated as required by that Act;

      (b)   * a translation of the judgment 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, * 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 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                        day of               19   

( signature of judgment creditor )

*  delete if not applicable. 




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