Request for transmission of a document to a foreign government (Rule 10.51(d)) (Form 24)

When a party wants to serve a Federal Court document in a foreign country through the diplomatic channel or by transmission to a foreign government under a convention, rule 10.51 of the Federal Court Rules 2011 requires the party to lodge a request for service (Form 23) and a request for transmission in accordance with Form 24. Form 24 is addressed by the Chief Justice to the Secretary of the Attorney-General's Department or the Department of Foreign Affairs and Trade, asking that the documents be sent to the foreign government, served under that country's law, and that evidence of service be certified to the Court. It does not apply to Hague Convention countries, which use Form 25 (r 10.51 note).

When you need it

• You are lodging a Form 23 request to serve a document in a non-Hague country through the diplomatic channel or under a convention.
• The party prepares Form 24 for lodging with Form 23; it is signed for the Court.
• Not for service in a Hague Convention country (Form 25) or in New Zealand under the Trans-Tasman Proceedings Act 2010 (GPN-OSE para 2.7).

1. 1

   Heading

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

2. 2

   Choose the department

   Insert the address of the Registry and keep either the Attorney-General's Department or the Department of Foreign Affairs and Trade. The form's note says to use the Attorney-General's Department if it is the Central Authority for a convention that applies, and DFAT in any other case.

3. 3

   Country and documents

   Name the foreign country and list the documents to be transmitted.

4. 4

   Requests about service and proof

   Insert the respondent's name. The form asks that the documents be served under the foreign law and that evidence of service be officially certified or declared to the Court. Keep the optional request for certification if personal service fails, if wanted.

5. 5

   Supporting information

   Add any further information required by a convention that applies to service of the documents, or delete that part. Leave the date and signature for the Court.

• Lodge Form 24 in the District Registry with Form 23, a written undertaking to pay the Court's expenses, the copies required by the convention, and any translations (r 10.51).
• If needed, a translation of the Form 24 request itself into the foreign country's official language must be lodged, with a statement by the translator attesting to its accuracy (r 10.51(g)(i)).
• Pay the Court's expenses within 14 days of being sent an account, or the Court may order payment and stay your claim (r 10.52).

• Make sure the documents listed in Form 24 match exactly those identified in Form 23 and the copies lodged.
• An official certificate or declaration of service from the foreign country is sufficient proof of service once filed (r 10.47).