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s 10.47

Proof of service

In force
Chapter 2Original jurisdiction—proceedings generally
Part 10Service
Division 10.4Service outside Australia

10.47 Proof of service

(1)

This rule does not apply to a document served in accordance with the Hague Convention.

Note:

Rules 10.63 to 10.68 deal with service of local judicial documents in a country, other than Australia, that is a party to the Hague Convention.

(2)

An official certificate or declaration (whether made on oath or otherwise) is sufficient proof of the service of a document on a person in a country other than Australia if the certificate or declaration states:

(a)

that the document has been personally served on the person in that other country; or

(b)

that the document has been served on the person in accordance with the law of that other country.

(3)

If filed, a certificate or declaration mentioned in subrule (2):

(a)

is taken to be a record of the service of the document; and

(b)

has effect as if it were an affidavit of service.

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