FEDERAL COURT RULES 2011 (SLI NO 134 OF 2011) - RULE 10.76 Affidavit as to service
FEDERAL COURT RULES 2011 (SLI NO 134 OF 2011) - RULE 10.76
Affidavit as to service(1) If service of a document has been effected pursuant to a request for service in this jurisdiction, the person by whom service has been effected must lodge with the Court an affidavit of service stating:
(a) the time, day of the week and date the document was served; and
(b) the place where the document was served; and
(c) the method of service; and
(d) the person on whom the document was served; and
(e) the way in which that person was identified.
(2) If attempts to serve a document pursuant to a request for service in this jurisdiction have failed, the person by whom service has been attempted must lodge with the Court an affidavit stating:
(a) the attempts made to serve the document; and
(b) why service has not been possible.
(3) When an affidavit as to service of a document has been lodged in accordance with this rule, the Registrar:
(a) must complete a certificate of service, sealed with the seal of the Court, on the reverse side of, or attached to, the request for service in this jurisdiction; and
(b) must forward the certificate of service, together with a statement as to the costs incurred in relation to the service or attempted service of the document, directly to the forwarding authority from which the request was received.
(4) A certificate of service must be:
(a) in accordance with Part 2 of Form 25; or
(b) if a form or certificate that substantially corresponds to Part 2 of Form 25 accompanies the request for service, in that accompanying form.