Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) This regulation applies, subject to the provisions of the relevant convention, in relation to the service of a document in a country that is a party to a convention, extending to Australia, regarding legal proceeedings in civil and commercial matters.
(2) Where, under a convention referred to in subregulation (1), service of a document relating to proceedings is not to be effected in a country referred to in that subregulation otherwise than in accordance with the convention, service of such a document in that country shall not be effected otherwise than in accordance with this regulation.
(3) Where a party to proceedings who desires to effect service of a document relating to the proceedings on a person in a country referred to in subregulation (1) files a request for service of the document in accordance with the Form in Schedule 1, and deposits with the registrar of the court in which the proceedings are pending the documents required by subregulation (4) to be deposited, the registrar shall forward the documents so deposited direct to the Secretary for transmission to that country for service.
(4) For the purposes of subregulation (3), the documents to be deposited are:
(a) the document to be served;
(b) a translation of the document into the language of the country in which the service is to be effected, being a translation bearing a certificate, in that language, of the person who made the translation certifying that it is a translation of the document of which it purports to be a translation;
(c) a copy of the document to be served and of the translation; and
(d) such further copies (if any) of the document and translation as are required by the relevant convention.
(5) A document, a translation of a document or a copy of a document shall, before being forwarded to the Secretary in accordance with subregulation (3), be sealed with the seal of the court.
(6) Where a registrar has received a certificate transmitted through diplomatic channels, by a judicial authority in a country referred to in subregulation (1), certifying that a document has been served on a person on a date specified in the certificate, the certificate may be filed and, subject to subregulation (7), is then evidence of the matters stated in the certificate.
(7) Where service of a document is required to be effected on a person by delivering the document to that person personally, the due service of the document shall be deemed not to have been proved by a certificate referred to in subregulation (6) unless:
(a) it also certifies the means by which the person who served the document identified the person served; or
(b) other evidence, whether by affidavit or otherwise, is furnished showing that the document came to the notice of the person on whom it was to be served.