Checklist - Service of Documents in Australia - Documents Not Drafted in English

Hague Service Convention - Checklist for service in Australia – documents not drafted in English

The following checklist may be used to assist you in preparing your request for service in Australia under the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, signed at The Hague, the 15th November 1965 (Hague Service Convention). These requirements are for the service of documents that are not drafted in English.

Failure to follow these requirements may result in a delay of your request.

A. Request for Service Abroad of Judicial or Extrajudicial Documents (Letter of Request)

1 / Letter of Request is not in English and is accompanied by a certified English translation.
Note:
Please use the model Letter of Request.
Australian Court rules require the letter of request to be drafted or translated into English.
The translation must be verified by a Certificate of Translation. Please see section E of this form for more information. /  / Complete
2 / Identity and address of the applicant is legible and correct.
Note:
This should contain the contact details of the Requesting Authority not the lawyer or client in the legal matter.
Providing an email address will assist Australian Authorities to contact you quickly if defects in your request need to be resolved. /  / Complete

A. Request for Service Abroad of Judicial or Extrajudicial Documents (Letter of Request)

3 / Address of receiving authority is legible and correct.
Note:
Please note that Extrajudicial Documents should be sent directly to the Central Authority:
Private International Law Section
Australian Government
Attorney-General's Department
3-5 National Circuit
BARTON ACT 2600
Australia
Please note that Judicial Documents can be sent to either the Central Authority (details above) or Australia’s additional authorities. /  / Complete
4 / Address of the person to be served is legible and correct.
Note:
Please ensure the street address is valid. A search using Google mapsmay assist. If only a Post Office Box (PO Box) address is available please request voluntary service by selecting service in accordance with sub-paragraph (b) of the first paragraph of Article 5 of the Hague Service Convention. Questions relating to this specific method of service should be directed to the relevant state or territory additional authority.
Involuntary or personal service is not possible in Australia where only a PO Box address has been provided. Therefore, requests to serve PO Box addresses are not recommended as execution will be greatly delayed, costs may increase and, in some cases, service by this method will be refused. /  / Complete

A. Request for Service Abroad of Judicial or Extrajudicial Documents (Letter of Request)

5 / Request a method of service.
Note:
If unsure, please leave blank.
If only a Post Office Box (PO Box) address is available please request voluntary service by selecting service in accordance with sub-paragraph (b) of the first paragraph of Article 5 of the Hague Service Convention. Questions relating to this specific method of service should be directed to the relevant state or territory additional authority.
Involuntary or personal service is not possible in Australia where only a PO Box address has been provided. Therefore, requests to serve PO Box addresses are not recommended as execution will be greatly delayed, costs may increase and, in some cases, service by this method will be refused. /  / Complete
6 / List of Documents is filled out. /  / Complete
7 / Signature or stamp from the relevant applicant authority is affixed. /  / Complete

B. Certificate

8 / Attach a blank copy of the Certificate.
Note:
A copy of the Certificate is available on the Hague Conference on Private International Law website. /  / Complete

C. Summary of the Document to be Served

9 / The Summary of Documents to be Served is completed and attached.
Note:
A copy of the Summary of Documents to be Served form is available on the Hague Conference on Private International Law website. /  / Complete
10 / Time limits have been clearly stated in English. Important time limits include limits for
-service
-summons to appear
-filling of a defence applies
Note:
Failure to state time limits in English clearly may delay the processing of your request. Please be aware that currently, service may take up to three months or more in some jurisdictions. /  / Complete

D. Documents to be Served

11 / All documents not drafted in English must be accompanied by a certified English translation.
Note:
Please note that all attachments must also be translated including bank statements and contracts. Australian court rules require that English translations be provided regardless of the nationality or language ability of the person to be served. /  / Complete

E. Certificate of Translation

12 / Certificate states in English:
- that the translation is an accurate translation of the documents,
-the translator’s full name and address, and
-the translator’s qualifications for making a translation
Note:
Each non-English page of the Request that has been translated must be identified by a stamp or initial of the translator. Alternatively, the certificate may contain a list clearly identifying each document that has been translated. /  / Complete

F. Duplicate copies

13 / Two copies of all documents must be provided:
-Letter of Request
-Certificate of Service
-Summary of Documents to be Served
-documents to be served
-all translations
-Certificate of Translation /  / Complete

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