Western Australian Consolidated Regulations Western Australian Consolidated Regulations (1) This Rule does not
apply to service in —
(a) the
United Kingdom;
(b) any
Commonwealth country mentioned in section 1(3) of the British
Nationality Act 1948 of the United Kingdom;
(c) any
British possession.
(2) Where in
accordance with these Rules leave is given to serve notice of a writ on a
defendant in any foreign country with which a Convention in that behalf has
been or shall be made and extended to the Commonwealth of Australia or the
State of Western Australia, the notice may be served —
(a)
through the judicial authorities of that country; or
(b)
through a British or Australian diplomatic or consular agent in that country
(subject to any provision of the Convention as to the nationality of persons
who may be so served).
(3) Where notice of a
writ is to be served on a defendant in a country with which a Convention has
not been made, the notice may be served —
(a)
through the government of that country, if the government is willing to effect
service; or
(b)
through a British or Australian diplomatic or consular agent in that country
except where service through such an authority is contrary to the law of that
country.
(4) Where a person
wishes to serve notice of a writ by a method mentioned in paragraph (2)
or (3) he shall lodge in the Central Office a request for service of notice of
the writ by that method, together with a copy of the notice and an additional
copy thereof for each person to be served.
(5) Every copy of a
notice lodged under paragraph (4) shall be accompanied by a translation
of the notice in the official language of the country in which service is to
be effected, or if there is more than one official language of that country,
in any one of those languages which is appropriate to the place in that
country where service is to be effected: Provided that this paragraph does not
apply where the copy of the notice is to be served in a country the official
language of which is, or the official languages of which include English, or
is to be served by a British or Australian diplomatic or consular agent on a
British subject or an Australian citizen, unless the Convention expressly
requires the copy to be accompanied by a translation.
(6) Every translation
required by paragraph (5) shall be certified by the person making it to
be a correct translation, and the certificate shall state his full name and
address and his qualifications for making the translation.
(7) The document to be
served shall be sealed with the seal of the Supreme Court for use out of the
jurisdiction and shall be forwarded by the Principal Registrar to the Attorney
General for Western Australia for transmission through the diplomatic channel
to the foreign country.
(8) An official
certificate transmitted to the Court through the diplomatic channel by the
British or Australian diplomatic or consular agent, or by the foreign
government or judicial authorities establishing the fact and the date of the
service of the document shall be deemed to be sufficient proof of such
service, and shall be filed of record and be equivalent to an affidavit of
service within the requirements of these Rules in that behalf. Any document
purporting to be such a certificate shall, until the contrary is proved,
be deemed to be such a certificate.
(9) Where an official
certificate is produced pursuant to paragraph (8) in relation to the
service of a notice of a writ under this Rule, no indorsement of service under
Order 9 Rule 1(4) shall be required.
[Rule 9 amended in Gazette
14 Dec 1979 p. 3869.]