UNIFORM CIVIL PROCEDURE RULES 1999 - REG 131 Letter of request from foreign tribunal—procedure

UNIFORM CIVIL PROCEDURE RULES 1999 - REG 131

131 Letter of request from foreign tribunal—procedure

(1) This rule applies if, in a civil or commercial matter before a court or tribunal of a foreign country (the
"foreign court" )—

(a) the foreign court, by letter of request, requests service on a person in Queensland of any process or citation (the
"process" ) in the matter; and

(b) the Attorney-General, or a person authorised by the Attorney-General, sends the request to the Supreme Court indicating that effect should be given to the process.

(2) The following procedures apply—

(a) the letter of request must be accompanied by the following—

(i) if the letter is not in English—a translation of the letter in English;

(ii) 2 copies of the process to be served;

(iii) either—

(A) 2 copies of the process in English; or

(B) 2 copies of the process each having a notation on it in English stating as precisely as possible the name and address of the person on whom the document is to be served, the nature of the document, and the names of the parties;

(b) if paragraph (a) (iii) (B) is complied with, it is not necessary to give the person served a translated copy of the process;

(c) the sheriff, or an agent of the sheriff, must serve the process personally under these rules;

(d) after serving the process, the person serving it must return to the registrar of the Supreme Court 1 copy of the process, affidavit evidence by the person serving the process of service of the process, and particulars of charges for the cost of serving it;

(e) the registrar must certify the correctness of the charges, or another amount properly payable for the cost of serving the process;

(f) the registrar must send the following to the person mentioned in subrule (1) (b) who sent the request to the Supreme Court—

(i) the letter of request for service received from the foreign court;

(ii) evidence of service of the process, with a certificate on it in the approved form stamped with the seal of the Supreme Court;

(iii) a certificate establishing the fact and the date of service or indicating why it has not been possible to serve the process;

(iv) a certificate stating the amount of the charges properly payable for the cost of serving it.