Hague Service Convention - Checklist for service in Australia – documents 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 originally 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 drafted in English.
 Complete
Note:
Please use the model Letter of Request.
2
Identity and address of the applicant is legible and correct.
 Complete
Note:
This should contain the contact details of the Requesting Authority not the 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.
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A. Request for Service Abroad of Judicial or Extrajudicial Documents (Letter of Request)
3
Address of receiving authority is legible and correct.
 Complete
Note:
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
Judicial Documents can be sent to either the Central Authority (details above) or Australia’s additional authorities.
4
Address of the person to be served is legible and correct.
 Complete
Note:
Please ensure the street address is valid. A search using Google maps may 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 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 served. 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.
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A. Request for Service Abroad of Judicial or Extrajudicial Documents (Letter of Request)
5
Request a method of service.
 Complete
Note:
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 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 served. 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.
6
List of Documents is filled out.
 Complete
7
Signature or stamp from the relevant applicant authority is affixed.
 Complete
B. Certificate
8
A blank copy of the Certificate is attached.
 Complete
Note:
A copy of the Certificate is available on the Hague Conference on Private International Law website.
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C. Summary of the Document to be Served
9
The Summary of Documents to be Served is completed and attached.
 Complete
Note:
A copy of the Summary of Documents is available on the Hague Conference on Private International Law website.
10
Time limits have been clearly stated in English. Important time limits include limits for:
-
service
-
summons to appear
-
filling of a defence
 Complete
Note:
Failure to state time limits clearly in English may delay the processing of your request. Please be aware that currently, service
may take up to three months or more in some jurisdictions.
D. Documents to be Served
11
All documents to be served are drafted in English.
 Complete
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F. Duplicate copies
12
Two copies of all documents must be provided:
-
Letter of Request
-
Certificate of Service
-
Summary of Documents to be Served
-
documents to be served
 Complete
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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Australia or any of its agents or staff.
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extent permitted by law) all warranties and representations about the currency, accuracy, suitability or reliability of any information on this
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