Details

Coordonnées :

Click here to read all the declarations made by Australia under the Service Convention. 

Personal service of a document on a person is effected by leaving a copy of the document with the person, or, if the person does not accept the copy, by putting the copy down in the person's presence and informing the person of the fact that the document has been so placed. If the person is not at home, personal service is effected by leaving the documents addressed to the person, with a person who is apparently of or above the age of 16 years residing at that address.

In the case of a person having an address for service that is a solicitor's office address, service is attempted at the solicitor's office by leaving the documents with a person employed at that address.

Service of a document on a Corporation is effected by personally serving the document on the Corporation in any manner in which service of such a document may, by law, be served on the Corporation.

Service of a document on a prisoner or an inmate is effected by leaving the document with the General Manager of a Correctional Centre where the prisoner or an inmate is held.

Note: Request for service to a Post Office Box number, DX number or service transmission of documents electronically is not accepted in New South Wales.

Voluntary or informal delivery of documents (Article 5(2)) is carried out in the same manner as above.

Victoria:
As above for New South Wales. A Sheriff's Officer, detailing whether service has been successful or not, completes an affidavit of service. This indicates how the addressee was identified or reasons that service could not be affected. All relevant documents are sent back to the Foreign Service Officer for the Certificate of Service to be completed. Documents are then returned to the Applicant.

If the requesting authority has stipulated they require voluntary service to be affected, the process is carried out in the same manner as above. However, the addressee may refuse to accept the documents when being served by a Sheriff's Officer under this method. This is reflected in the affidavit, returned to the Court and deemed unsuccessful. Documents are then returned to the Applicant.

Queensland:
If the request is compliant with the Convention, service is effected by either a bailiff of the court or an enforcement officer.

Personal service on an individual is effected by locating the person to be served and identifying them, generally by asking their identity, and then giving them the documents to be served.

If service of the documents is required on a corporation, then service will ordinarily be attended to by delivering the documents and leaving them with a person at the registered address of the corporation.

If service of the documents is required on a business that is not a registered corporation, then service is effected by delivering the documents and leaving with them with a person at the business address who appears to be in control or management of the business.

Please note that service cannot be effected by sending documents to or leaving them at a Post Office Box address.

Voluntary service is carried out by either a bailiff of the court or an enforcement officer.

The bailiff or enforcement officer will locate the person to be served, identify them (by asking them to confirm their name) and will then ask if they will voluntarily accept service of the documents. If so, the documents or a copy of them will be left with that person.

Please note that Voluntary Service cannot be effected on a Post Office Box address.

Western Australia:
Official service is carried out pursuant to the Supreme Court Rules 1971 (WA) under Order 11A.

If these requirements are met, the request is processed through the Supreme Court and passed to the Sheriff to organise personal service.

Upon receipt the Sheriff will organise for one of his Officers to effect service and when service is effected an Affidavit will be completed by the Sheriff's office. This Affidavit is forwarded to the Supreme Court and upon receipt, the Principal Registrar produces the Certificate of Service of Foreign Process which is signed and sealed.

Attached to that Certificate is the Sheriff's Affidavit and annexures being the documents that were in fact served.

These documents are then forwarded to the State Solicitor's Office.

Upon receipt the State Solicitor's Office transmits that Certificate, Affidavit and annexures to the requesting authorities.

A notation and request is also made with regards to payment of service fees which are paid in advance by the State Solicitor's Office.

The process for voluntary service is basically the same as above apart from the fact that in some instances, no translation of the documentation is provided apart from the original request and if that is the case, voluntary service will be carried out on the condition that the person being served is happy to accept the documentation in that form. An Affidavit of Service is prepared by the Sheriff's Officer annexing the document that was served.

The Principal Registrar of the Supreme Court of Western Australia will produce a Certificate for documents that are not translated but he cannot certify what has been delivered other than a document in a foreign language.

South Australia:
The documents are transferred to the Sheriff who arranges for the documents to be forwarded to the Process Server. The Process Server will attend at the address shown and attempt to serve the documents. If successful an affidavit of service would be completed.

If the person is no longer at the stated address, inquiries would be made with neighbours to try to ascertain the current address.

The Process Server would follow specific instructions relating to the service of the documents as provided by the applicant. For example, requiring the signature of the recipient. If the applicant has requested a particular method of service and that method is compatible with the law in force in this jurisdiction that method would be used.

Voluntary service
There are no recent precedents in South Australia.

Tasmania:
If the applicant has requested a particular method of service and that method is compatible with the law in force in Tasmania, service will be by that method (Supreme Court Rules 2000 (Tas), r.970O (3)(b)).

If the applicant has not requested a particular method of service and the person accepts the document voluntarily by delivery of the document to the person to be served (Supreme Court Rules 2000 (Tas), r.970O (3)(c)).

Unless a specific method of service is directed, a notice or document may be served on a natural person by giving it to the person or by leaving it at or posting it to that person's residential or business address. A document may be served on any other person by leaving it at or posting it to the person's principal or registered office or principal place of business. (Acts Interpretation Act 1931 (Tas), s.29AB).

Where service by post is permitted it shall be deemed to be effected by properly addressing, prepaying and posting the documents as a letter. Further, unless the contrary is proved service shall be deemed to be effected at the time the letter would be delivered in the ordinary course of post. A document required to be sent through registered post must be duly registered or, unless contrary intention appears, be sent through a certified mail service as provided for by postal regulations in force at the time. (Acts Interpretation Act 1931 (Tas), s.30)

Australian Capital Territory:
The request for service must be sent to the ACT Supreme Court by the Attorney General of the Commonwealth or forwarding authority. The Court arranges for service of: the document to be served, the summary of the document, and a copy of the request for service (Court Procedure Rules 2006 (ACT), rule 6564). This is ordinarily served by a Sheriff's Officer of the Supreme Court.

Voluntary service is carried out in the same way as official service as described above i.e. the request must be sent to the Supreme Court which arranges for service See Court Procedure Rules 2006 (ACT), rule 6564.

Northern Territory:
Service is conducted pursuant to the Supreme Court Rules 1987 (NT) under Order 7A.

On receipt of a request for service, the Court arranges for the service of the relevant documents in accordance with the request.

Service of the relevant documents may be effected by any of the following methods of service:

(a) by a method of service prescribed by the law in force in the Northern Territory:
    (i) for the service of a document of a kind corresponding to the document to be served; or

    (ii) if there is no such corresponding kind of document – for the service of initiating process in proceedings in the Court;

(b) if the applicant has requested a particular method of service and that method of service is compatible with the law in force in the Northern Territory – by that method;
(c) if the applicant has not requested a particular method of service and the person requested to be served accepts the document voluntarily – by delivery of the document to the person requested to be served.
Generally, most documents are served on a person by means of personal service by the bailiff of the Supreme Court of the Northern Territory.

When service is effected or not, the person by whom service has been effected or not, must file with the Court an affidavit specifying the matters set out in Rule 7A.16 of the Supreme Court Rules 1987 (NT). Thereafter the Registrar of the Supreme Court of the Northern Territory will complete a certificate of service or non-service, sealed with the seal of the Court, and forward this, 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.

New South Wales:
11A.13 of the Uniform Civil Procedure Rules 2005 (NSW) requires the documents to be served and its translation in English.

Please note: the translation must bear a certificate (in English), signed by the translator stating:

• that the translation is an accurate translation of the document
• the translator's full name and address, and
• his or her qualifications for making the translations

Victoria:
Where the documents to be served (including request forms) are not in the English language, they must bear a certificate (in English) signed by the translator stating:

• that the translation is an accurate translation of the documents;
• the translator's full name and address and his or her qualifications for making the translation.

See Order 80.13(2)(d) and (3) of the Supreme Court (General Civil Procedure) Rules 2005 (VIC).

Queensland:
The foreign civil process to be served must be translated into English and provided in duplicate pursuant to Rule 130M of the Uniform Civil Procedure Rules 1999 (Qld). The documents forwarded for service must be duly certified by the translator to be a true and correct translation of the documents to be served.

Western Australia:
Documents to be served must be translated into English. Any translation that is provided must bear a Certificate in English (signed by the translator) stating that the translation is an accurate translation of the document and the translator's full name and address and his/her qualifications for making the translation. The Certificate is required pursuant to Rule 11A 13(3) of the Supreme Court Rules 1971 (WA).

South Australia:
Rule 29(2)(d) in Schedule 1, Part 3 of the Uniform Civil Rules 2020 (SA) deals with translation requirements.
Subrule (2) provides that where a document to be submitted is not in English it must be accompanied by an English translation of the document.
Any translation required under subrule (2)(d)) must bear a certificate (in English) signed by the translator stating:

• that the translation is an accurate translation of the document, and
• the translator's full name and address and his or her qualifications for making the translation.

Tasmania:
Any documents in a language other than English must be accompanied by an English translation (Supreme Court Rules 2000 (Tas), r.970M(2)(d)). Any translated documents must bear a certificate (in English) signed by the translator stating the translation is an accurate translation of the document as well as the translator's full name and address and his or her qualifications for making the translation (Supreme Court Rules 2000 (Tas),r.970M(3)).

Australian Capital Territory:
Documents for service, if in a language other than English, must be accompanied by an English translation of those documents. The translation must bear a certificate in English, signed by the translator, stating that the translation is an accurate translation of the document and the translator's full name, address and qualifications for making the translation (Court Procedure Rules 2006 (ACT), rule 6562).

Northern Territory:
Rule 7A.13 of the Supreme Court Rules 1987 provides if documents for service are not in the English language, the documents must be accompanied by an English translation. The translation must bear a certificate in English, signed by the translator, stating that the translation is an accurate translation of the document and the translator's full name, address and qualifications for making the translation.

The costs of service are set out in the Civil Procedure Regulations 2017 (NSW). The Sheriff's fees are in Schedule 2 Sheriff's Fees. Item 1 sets out the current fees for service.

Please note that an increase in service fees normally occurs on 1 July of each year.

Victoria:
A fee of AUD 32.00 applies for successful service and unsuccessful service. This is payable to the Sheriff’s Office upon receipt of Certificate of Service or Non-Service. Details concerning arrangement for payment will be included in correspondence from the Supreme Court, and can be made via credit card, bank transfer or bank draft. Reference numbers provided by the Sherriff’s Office (in the invoice) must also be quoted when payment is made.

Queensland:
The requesting authority must bear the costs of effecting service of judicial documents in Queensland, Australia.

If service is not effected on the person, then the requesting authority must also bear the costs involved in attempting to effect service.

The exact cost will vary on a case by case basis depending on a number of factors, including, the location where service must be effected, whether the person to be served is cooperative and the number of attempts required to effect service.

The Queensland authorities will seek reimbursement of the service fees from the requesting authority.

At the conclusion of the matter, a Certificate of Service or a Certificate of Non Service will be returned to the requesting authority, together with an invoice for payment.

Western Australia:
There is no fee for service of documents in Western Australia.

South Australia:
There is no fee for service of documents in South Australia.

Tasmania:
The costs of service vary according to the mode of service used. Postal costs vary according to the size and weight of the article. Process servers' costs for personal service vary according to the location of the person served (distance the process server has to travel to effect service), and the number of trips which must be made before service is achieved.

Australian Capital Territory:
The Australian Capital Territory Supreme Court currently charges a flat fee for service. This fee includes up to 3 attempts to serve the documents at the same address and is payable regardless of whether service is successful or not.

The current fee is listed on the Supreme Court website under ‘Foreign Service’. This fee is required to be paid up front.
Please note that an increase in service fees normally occurs on 1 July of each year.

Payment can be made by international funds transfer to the Supreme Court using the following information:

Account Name:  Justice and Community Safety – Courts EFTPOS Clearing Account
SWIFT Code: WPACAU2S
BSB: 032-777
Account number: 002108
Bank name and address: Westpac Banking Corporation, London Circuit, Canberra ACT 2601, Australia

Once payment has been completed, please forward a receipt or remittance advice along with the request for service.  This will assist the Supreme Court in identifying the payment.

Northern Territory:
The requesting authority must bear the costs of effecting service of judicial documents in the Northern Territory.

Fees payable are prescribed in the Schedule to the Sheriff Regulations 1967 (NT) and vary according to the distance travelled to effect service. 

An invoice for payment will be sent to the requesting authority along with the Certificate of Service.

Requests for urgent service are considered, but it may not always be possible to assist with expediting the request.

Please note the above for setting of future court dates.

Click here to read all the declarations made by Australia under the Service Convention.

Voies dérogatoires (accords bilatéraux ou multilatéraux ou loi interne ouvrant d’autres voies de transmission)
(art. 11, 19, 24 et 25)

Clause de non-responsabilité
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