Western Australian Consolidated Regulations

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RULES OF THE SUPREME COURT 1971 - ORDER 11 RULE 2

2 .         Service of foreign legal process

        (1)         This Rule applies to the service of any process required to be served in any civil or commercial proceedings pending before a court or other tribunal of a foreign country where a letter of request from such a tribunal for service on a person in Western Australia of any such process sent with the letter is received by the Principal Registrar through an official channel.

        (2)         In order that service may be effected under this Rule the letter of request must be accompanied by a translation thereof in English, by 2 copies of the process to be served and by 2 copies of a translation of the process in English.

        (3)         Subject to Rule 4 and to any Act which provides for the manner in which documents may be served on bodies corporate, service of the process shall be effected by leaving a copy of it and of the translation with the person to be served.

        (4)         The Principal Registrar shall transmit through the official channel to the tribunal making the request, a certificate establishing the fact, and the date of service, or stating the reasons for which it has not been possible to effect service, and in the certificate shall certify the amount properly payable for effecting or attempting to effect service. The certificate shall be sealed with the seal of the Supreme Court for use out of the jurisdiction.

        [Rule 2 amended in Gazette 14 Dec 1979 p. 3869.]



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