Request for service abroad of judicial documents and certificate (Rules 10.64(2)(a); 10.64(4); 10.66(2)(a) & (b)) (Form 25)

Rules 10.63 to 10.68 of the Federal Court Rules 2011 govern service of Federal Court documents in another country that is a party to the Hague Service Convention. A person applies to a Registrar, acting as forwarding authority, for a request for service abroad (r 10.64). The draft request must be in Part 1 of Form 25 and is sent to the Central Authority, or an additional authority, of the country concerned. The foreign authority completes Part 2, the certificate, which is evidence of service (rr 10.66, 10.68). Part 2 is also the certificate the Court uses when it serves foreign documents in Australia (r 10.76(4)).

When you need it

• You need to serve an originating application or other Federal Court document on a person in a Hague Convention country.
• You have leave to serve outside Australia where it is needed (rr 10.43, 10.44), or the case falls within rule 10.42.
• Not where an Australian diplomatic or consular agent serves without compulsion (r 10.63(2)), or for non-Convention countries (Forms 23 and 24).

1. 1

   Part 1: authorities

   The forwarding authority is the Registrar. Insert the identity and address of the receiving authority: the Central Authority or an additional authority of the country (r 10.64(4)(c)).

2. 2

   Part 1: applicant and timing

   Insert the name and address of the applicant on whose behalf service is requested. Choose prompt service, or attempted service after a date if the time to appear may expire first (r 10.64(4)(b)).

3. 3

   Part 1: addressee and method

   Give the addressee's identity and address and keep the method sought: service under Article 5(a), a particular method under Article 5(b), or delivery to an addressee who accepts voluntarily. List the documents. Leave the signature for the Registrar (r 10.64(4)(a)).

4. 4

   Part 2: certificate

   Left blank for the foreign authority, which certifies the date, place, method and person served, or the facts preventing service, and any expenses claimed.

• Apply to a Registrar with 3 copies each of the draft Form 25 request, the document to be served, a summary in Form 26, and any translation the receiving country requires, with the translator's certificate (r 10.64(2), (5)).
• Include a written undertaking, signed by the lawyer on the record or the applicant, to be personally liable for the costs of service, to pay them within 28 days of a Registrar's notice, and to give any security required (r 10.64(3)).
• If satisfied, the Registrar signs the request and forwards 2 copies of the documents to the Central Authority or nominated additional authority (r 10.65).
• When the certificate returns in due form, it is filed and a copy sent to you (r 10.66). If costs are unpaid 28 days after notice, you may not take further steps without leave (r 10.67).

• You may ask for a certificate completed by an additional authority to be countersigned by the Central Authority (r 10.64(4)(d)).
• GPN-OSE para 2.7: for New Zealand, use the Trans-Tasman Proceedings Act 2010 rather than Division 10.4 where it applies.
• Check the country's translation requirements under Article 5 before lodging; the Registrar will tell you if anything does not comply (r 10.65(3)).