Request for local service of foreign judicial documents (Rule 10.73(2)) (Form 27)

Division 10.6 of the Federal Court Rules 2011 implements Australia's obligations under the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents. Rules 10.73 to 10.76 deal with the Court serving, in Australia, judicial documents from proceedings in other Convention countries. The request is forwarded to the Court by the Attorney-General's Department or by a foreign forwarding authority. Under rule 10.73(2), a request is in due form if it is in accordance with Form 27 and comes with the document to be served, a summary in Form 26, a copy of the request and those documents, and an English translation of anything not in English.

When you need it

• A judicial document from a court in another Hague Convention country needs to be served on a person in Australia through the Federal Court.
• You are the forwarding authority, or are preparing the request for it.
• Not for serving Federal Court documents overseas. That uses Form 25 (Hague countries) or Forms 23 and 24 (other countries).

1. 1

   Heading

   Complete the Federal Court heading with the District Registry, Division and party names.

2. 2

   Identify the documents and the person to be served

   Insert the name of the person making the request, identify the foreign judicial documents to be served, and give the name and address of the person to be served.

3. 3

   Undertaking as to expenses

   The person signing personally undertakes to be responsible for the expenses incurred by the Court in serving the documents, and to pay them to the Chief Executive Officer and Principal Registrar when notified.

4. 4

   Accompanying documents

   Confirm the request is accompanied by the documents required by rules 10.73(2) and (3): the document, the Form 26 summary, copies, and certified translations. A translator's certificate must state the translation is accurate and give the translator's name, address and qualifications.

5. 5

   Date and sign

   Date the request and sign it, inserting the signer's capacity.

• If a Registrar thinks the request does not comply with rule 10.73, the document is not a foreign judicial document, or compliance may infringe Australia's sovereignty or security, the request is referred to the Attorney-General's Department (r 10.74).
• Otherwise the Court arranges service by a method allowed under Australian law, by a particular method requested if compatible with Australian law, or by delivery to a person who accepts it voluntarily (r 10.75).
• The person who served (or tried to serve) lodges an affidavit with the details or the attempts made. A Registrar then completes a sealed certificate of service in Part 2 of Form 25 and sends it, with a statement of costs, to the forwarding authority (r 10.76).

• Provide both the document and the Form 26 summary in English, or with English translations. Missing translations are a common reason a request is not in due form.
• If a particular method of service is wanted, say so in the request. It must be compatible with Australian law (r 10.75(3)(b)).