Western Australian Consolidated Regulations Western Australian Consolidated Regulations (1) A person (in this
Order called the requesting party ) who requires a judicial document connected
with civil proceedings in Australia to be served in a Convention country must
file with the Registrar the following documents —
(a) an
application, in accordance with subrule (2), requesting service of the
document in a specified Convention country;
(b) a
request for service, in accordance with subrule (3), for signature by the
Registrar;
(c) the
document to be served;
(d) a
summary (in accordance with Form 5D in the Second Schedule) of the document to
be served;
(e) a
warning statement (in accordance with Form 5F in the Second Schedule attached
to, or incorporated in, the summary referred to in paragraph (d))
indicating the importance of the document to be served, its legal nature, that
it may affect the rights and obligations of the person on whom it is served
and the possibility of legal aid or advice being available;
(f) 2
copies of the documents referred to in paragraphs (b), (c), (d) and (e);
and
(g)
where a foreign Central Authority of the country to which the request is
addressed requires the document to be served, to be written in, or translated
into, an official language of that country, a translation, into an official
language of that country, of the documents referred to in paragraphs (b),
(c), (d) and (e).
(2) The application
requesting service of the document shall contain a written undertaking, signed
by —
(a)
where there is a solicitor on the record for the requesting
party — that solicitor; and
(b) in
any other case — the requesting party;
to —
(c) be
personally liable for all costs that are incurred in relation to the service
of the document requested to be served, by —
(i)
the employment of a judicial officer or other person
competent, under the law of the Convention country in which the document is to
be served; or
(ii)
the use of a particular method of service;
and
(d) pay
the amount of those costs to the Registrar within 14 days of receiving
notification of the amount of those costs from the Registrar.
(3) The request for
service referred to in paragraph (1)(b) must —
(a) be
in accordance with Form 5C in the Second Schedule; and
(b) be
completed (except for signature) by the requesting party; and
(c)
state whether the requesting party wants service to be attempted where the
period for entering an appearance has expired; and
(d)
indicate where additional information may be obtained regarding the address of
the person to be served, if the person cannot be traced from the address
supplied; and
(e) be
addressed to —
(i)
a foreign Central Authority; or
(ii)
a foreign additional authority,
of the Convention
country in which the person is to be served,
and may state whether
the requesting party requires a certificate of service that is completed by a
person or body other than a foreign Central Authority or a judicial authority
of the Convention country to be countersigned by a foreign Central Authority
or a judicial authority of that country.
(4) A translation
referred to in paragraph (1)(g) shall bear a certificate (in the same
language as the language used in the translation) signed by the translator
stating —
(a) that
the translation is an accurate translation of the document; and
(b) the
translator’s full name and address and his or her qualifications for
making the translation.
[Rule 4 inserted in Gazette
7 Feb 1992 p. 680-2.]