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s 10.76

Affidavit as to service

In force
Chapter 2Original jurisdiction—proceedings generally
Part 10Service
Division 10.6Service under Hague Convention

10.76 Affidavit as to service

(1)

If service of a document has been effected pursuant to a request for service in this jurisdiction, the person by whom service has been effected must lodge with the Court an affidavit of service stating:

(a)

the time, day of the week and date the document was served; and

(b)

the place where the document was served; and

(c)

the method of service; and

(d)

the person on whom the document was served; and

(e)

the way in which that person was identified.

(2)

If attempts to serve a document pursuant to a request for service in this jurisdiction have failed, the person by whom service has been attempted must lodge with the Court an affidavit stating:

(a)

the attempts made to serve the document; and

(b)

why service has not been possible.

(3)

When an affidavit as to service of a document has been lodged in accordance with this rule, a Registrar:

(a)

must complete a certificate of service, sealed with the seal of the Court, on the reverse side of, or attached to, the request for service in this jurisdiction; and

(b)

must forward the certificate of service, together with a statement as to the costs incurred in relation to the service or attempted service of the document, directly to the forwarding authority from which the request was received.

(4)

A certificate of service must be:

(a)

in accordance with Part 2 of Form 25; or

(b)

if a form or certificate that substantially corresponds to Part 2 of Form 25 accompanies the request for service, in that accompanying form.

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