How to prepare a request for service using the Hague Service Convention

Australian law governs the initial steps for service using the method established under the Hague Service Convention. Please refer to the relevant Federal Court or state and territory court rules for the steps prospective litigants need to take to effect service abroad using this method. A nonexhaustive list of these rules can be found on the Relevant Australian Legislation page.

Generally, the litigant has to apply to the Registrar for service under the Hague Service Convention. This request is subject to certain mandatory form requirements. In particular the litigant must include the following:

·  model letter of request

·  Summary of Documents to be Served

·  Certificate of Service for the foreign court to complete

·  documents to be served

·  certified translations where necessary, and

·  an undertaking as to costs.

Please refer to the relevant court rules and forms which are based on the model letter of request, Summary of Documents to be Served and Certificate of Service annexed to the Hague Service Convention. A template letter of request with Certificate of Service and Summary of Documents to be served is available on the Hague Conference on Private International Law website.

Links to the relevant court rules can be found on the Relevant Australian Legislation page.

Important note: When filling out the letter of request, the “Applicant” is the relevant Australian Court. The identity and address of the litigant may be added under “Particulars of the parties”. /

The transmission

If the Registrar is satisfied that the form requirements are complied with, the documents can be transmitted to the designated Foreign Competent Authority by mail. A current list of Foreign Central and Additional authorities is maintained on the Hague Service Convention Authorities Index. The documents should not be forwarded to the Australian Attorney-General’s Department.

Processing the request for service overseas

The Foreign Competent Authority will process the request in accordance with the laws in that country and will arrange for the request to be executed.

The formal confirmation that service was successful or unsuccessful

The Foreign Competent Authority will formally advise the Registrar that the Request was executed by transmitting back a Certificate of Service. This certificate is evidence of service in the proceedings to which it relates. Where service was unsuccessful, the certificate records the reasons why. The certificate can then serve as evidence for non-service and may provide the basis for an application for substituted service.

Costs

It is possible that costs may be associated with the execution of a request. If so, the Registrar will receive a Statement of Costs with the Certificate of Service. The Registrar will pass on the Statement of Costs to the legal practitioner, or if none, the litigant who must pay the Registrar the amount specified in the notice.

Important note: If the amount is not paid within 28 days of receiving the notice, the legal practitioner or, if none, the litigant may not take any further steps in the proceedings except by leave of the Court until the costs are paid. The Registrar may take appropriate steps to enforce payment. /
Disclaimer
The content of the information on this page is intended only to provide a summary and general overview of matters relating to international judicial assistance. It should not be relied upon in place of professional legal advice. Independent legal advice should be sought before any action or decision is taken or reliance placed, on this information. In particular, issues concerning the interpretation and application of foreign laws should be directed to a legal practitioner qualified in the appropriate foreign jurisdiction.
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