Court Procedures Rules 2006

This rule applies if, in a civil or commercial matter before a court or tribunal of a foreign country (the foreign court)—

the foreign court, by letter of request, requests service on a person in the ACT of any process or citation (the process) in the matter; and

the Attorney-General files the request in the court and indicates that the process should be served.

The following procedures apply:

the letter of request must be accompanied by the following:

if the letter is not in English—a translation of the letter in English;

2 copies of the process to be served;

either—

2 copies of the process in English; or

2 copies of the process each having a notation on it in English stating as precisely as possible the name and address of the person on whom the document is to be served, the nature of the document, and the names of the parties;

if paragraph (a) (iii) (B) is complied with, it is not necessary to give the person served a translated copy of the process;

an enforcement officer must serve the process personally under these rules;

after serving the process, the enforcement officer must return to the registrar 1 copy of the process, an affidavit of service of the process, and particulars of charges for the cost of service of the process;

the registrar must certify the charges, or another amount properly payable for service of the process;

the registrar must send the following to the Attorney-General:

the letter of request for service received from the foreign court;

the affidavit of service of the process, with a sealed certificate on it;

a certificate establishing the fact and the date of service or indicating why it has not been possible to serve the process;

a certificate stating the amount of the charges properly payable for the cost of serving the process.