(2) A person serving a document in a convention country must
lodge with the registrar—
(a) the document to be served; and
(b) if a
particular way of service is required, a request for service in that way; and
(c) if English is not an official language of the convention country, a
translation in an official language of the country, certified by the person
making it to be a correct translation, of the documents mentioned in
paragraphs (a) and (b) ; and
(d) the further copies of each of the documents
mentioned in paragraphs (a) to (c) the registrar directs; and
(e) a request
and undertaking under subrule (4) .
(3) A certificate given in a translation
of a document filed under subrule (2) must state the person’s full name and
address and qualifications for making the translation.
(4) A request and
undertaking lodged under subrule (2) must—
(a) request the registrar to send
a sealed copy of the document to be served to the convention country for
service on a specified person; and
(c) include an undertaking by the person or the person’s solicitor to pay to
the registrar the expenses incurred by the registrar in complying with the
request.
(5) The registrar must give to the Attorney-General for transmission
for service—
(a) the documents, stamped with the seal of the court; and
(b)
if the judicial authority of the country requires a letter of request—the
request.
(6) If, after the registrar sends documents to the Attorney-General
under subrule (5) , a certificate of service, attempted service or non-service
is filed purporting to be a certificate from—
(a) a judicial authority or
other responsible person in the convention country; or
the certificate is evidence of
the matters stated in the certificate.
(7) If a person gives an undertaking
under subrule (2) and does not, within 7 days after being given an account of
the registrar’s expenses in complying with the request for service, pay to
the registrar the expenses, the court may, on application by the registrar—
(a) order the person to pay the expenses to the registrar; and
(b) stay the
proceeding until the unpaid amount is paid.
(8) Despite subrule (2) (e) , the
registrar may—
(a) require the person to provide security in a form
satisfactory to the registrar for the anticipated expenses of complying with
the request; and
(b) decline to proceed under subrule (5) until security is
provided.
