Request for service in a foreign country (Rule 10.51(c)) (Form 23)

Division 10.5 of the Federal Court Rules 2011 covers service through the diplomatic channel or by transmission to a foreign government under a convention. Under rule 10.51, a party who wants to serve that way lodges in the District Registry a request for service in Form 23, a request for transmission in Form 24, a written undertaking to pay the Court's expenses, the number of copies the convention requires, and any translations needed. Division 10.5 does not apply to service in a Hague Convention country, which is dealt with under Division 10.6 and Form 25 (r 10.51 note).

When you need it

• You need to serve a Federal Court document on a person in a country that is not a party to the Hague Service Convention.
• You want to use the diplomatic channel, or a bilateral or other convention providing for transmission to the foreign government.
• You have any leave required to serve outside Australia (rr 10.43, 10.44), or service is allowed without leave (r 10.42).

1. 1

   Heading

   Complete the heading with the file number, District Registry, Division and parties.

2. 2

   Identify the documents and route

   Insert your name and identify the documents to be served. Keep either transmission in accordance with a named convention or through the diplomatic channel, and name the country.

3. 3

   Identify the person to be served

   Give the respondent's name and the address for service in that country. The form asks for service there or elsewhere in the country.

4. 4

   Undertaking as to expenses

   The person signing personally undertakes to be responsible for the Court's expenses of service and to pay them to the Chief Executive Officer and Principal Registrar when notified.

5. 5

   Date and sign

   Date the request and sign it as the party or the party's lawyer.

• Lodge Form 23 in the District Registry together with Form 24, the undertaking, the required copies of each document and any translations, including a translator's statement of accuracy (r 10.51).
• If you do not pay the expenses within 14 days after being sent an account, the Court may order payment and stay your claim until it is paid (r 10.52).
• An official certificate or declaration that the document was served personally, or in accordance with the foreign law, is sufficient proof of service and once filed has effect as an affidavit of service (r 10.47).

• Check first whether the country is a Hague Convention party. If it is, Form 25 is the right route.
• Allow time for transmission through government channels, and if service is not successful consider an application for substituted service (r 10.49).
• Translate both the documents to be served and the Form 24 request into the country's official language where needed (r 10.51(g)).