Preview
FILED: BRONX COUNTY CLERK 10/20/2023 05:02 PM INDEX NO. 806834/2023E
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 10/20/2023
EXHIBIT 7
FILED: BRONX COUNTY CLERK 10/20/2023 05:02 PM INDEX NO. 806834/2023E
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 10/20/2023
AUTHORITY
Australia - Central Authority & practical information
Central Authority(ies):
Attorney-General's Department
Contact details:
Address: Private International and Commercial Law Section
Australian Government
Attorney-General's Department
Robert Garran O ces
3-5 National Circuit
BARTON ACT 2600
Australia
Telephone: -
E-mail: pil@ag.gov.au
General website: www.ag.gov.au/pil
Contact person: -
Languages spoken by sta : English
Practical Information:
(The following information was provided by the relevant State authorities or was obtained from the replies to the 2003,
2008 and/or 2013 Service Convention Questionnaires)
Additional Information Required due to The impact of COVID-19 on international postal delivery service is
Impact of Coronavirus (COVID-19): likely to result in signi cant delays for the processing of service or
evidence requests by Australia’s Central Authority.
To mitigate the potential for delays, we ask that the Requesting
Authority provide (i) a contact name, (ii) phone number, and (iii)
email address for the Requesting Authority for any new service
requests sent to the Australian Central Authority.
If these details are not provided, the Australian Central Authority’s
ability to correspond with the Requesting authority will be limited,
with timeframes for service requests likely to be signi cantly
impacted.
FILED: BRONX COUNTY CLERK 10/20/2023 05:02 PM INDEX NO. 806834/2023E
Forwarding authorities The persons and entities within Australia competent to forward
NYSCEF DOC. NO. 12
(Art. 3(1)):
RECEIVED NYSCEF:
service requests pursuant to Article 3 include any court o
10/20/2023
cial, or
any other person or entity authorised by the rules of the court.
Click here to read all the declarations made by Australia under the
Service Convention.
FILED: BRONX COUNTY CLERK 10/20/2023 05:02 PM INDEX NO. 806834/2023E
Methods of service New South Wales:
NYSCEF DOC. NO. 12
(Art. 5(1)(2)):
RECEIVED NYSCEF: 10/20/2023
The documents are served on a person by means of personal
service by the Sheri of New South Wales with the request of the
Supreme Court of New South Wales.
Personal service of a document on a person is e ected 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 e ected 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 o ce address, service is attempted at the solicitor's o ce
by leaving the documents with a person employed at that address.
Service of a document on a Corporation is e ected 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 e ected 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 O ce 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. See Order 80.13 of the Supreme
Court (General Civil Procedure) Rules 2015 (Vic) for service
requirements including prescribed forms. A Sheri 's O cer,
detailing whether service has been successful or not, completes an
a davit of service. This indicates how the addressee was identi ed
or reasons that service could not be a ected. All relevant
documents are sent back to the Foreign Service O cer for the
Certi cate of Service to be completed. Documents are then returned
to the Applicant.
If the requesting authority has stipulated they require voluntary
service to be a ected, 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 Sheri 's O cer under this
method. This is re ected in the a davit, 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 e ected
by either a baili of the court or an enforcement o cer.
Personal service on an individual is e ected by locating the person
to be served and identifying them, generally by asking their identity,
and then giving them the documents to be served.
FILED: BRONX COUNTY CLERK 10/20/2023 05:02 PM INDEX NO. 806834/2023E
If service of the documents is required on a corporation, then
NYSCEF DOC. NO. 12 service will ordinarily be attended to by delivering the documents
RECEIVED NYSCEF: 10/20/2023
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 e ected 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 e ected by sending documents
to or leaving them at a Post O ce Box address.
Voluntary service is carried out by either a baili of the court or an
enforcement o cer.
The baili or enforcement o cer will locate the person to be served,
identify them (by asking them to con rm 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 e ected on a Post
O ce Box address.
Western Australia:
O cial 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 Sheri to organise personal
service.
Upon receipt the Sheri will organise for one of his O cers to e ect
service and when service is e ected an A davit will be completed
by the Sheri 's o ce. This A davit is forwarded to the Supreme
Court and upon receipt, the Principal Registrar produces the
Certi cate of Service of Foreign Process which is signed and sealed.
Attached to that Certi cate is the Sheri 's A davit and annexures
being the documents that were in fact served.
These documents are then forwarded to the State Solicitor's O ce.
Upon receipt the State Solicitor's O ce transmits that Certi cate,
A davit 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 O ce.
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 A davit of Service is prepared by
the Sheri 's O cer annexing the document that was served.
The Principal Registrar of the Supreme Court of Western Australia
will produce a Certi cate for documents that are not translated but
he cannot certify what has been delivered other than a document in
a foreign language.
FILED: BRONX COUNTY CLERK 10/20/2023 05:02 PM
South Australia: INDEX NO. 806834/2023E
NYSCEF DOC. NO. 12 The documents are transferred to the Sheri who arranges
RECEIVED NYSCEF:for10/20/2023
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 a davit 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 speci c 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 speci c 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 o ce or
principal place of business. (Acts Interpretation Act 1931 (Tas),
s.29AB).
Where service by post is permitted it shall be deemed to be e ected
by properly addressing, prepaying and posting the documents as a
letter. Further, unless the contrary is proved service shall be
deemed to be e ected 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 certi ed 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 Sheri 's O cer of the Supreme Court.
Voluntary service is carried out in the same way as o cial 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.
FILED: BRONX COUNTY CLERK 10/20/2023 05:02 PM
Northern Territory: INDEX NO. 806834/2023E
NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 10/20/2023
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 e ected 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 baili of the Supreme Court of the Northern
Territory.
When service is e ected or not, the person by whom service has
been e ected or not, must le with the Court an a davit 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 certi cate 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.
FILED: BRONX COUNTY CLERK 10/20/2023 05:02 PM INDEX NO. 806834/2023E
Translation requirements No translations are required for voluntary service. For all other
NYSCEF DOC. NO. 12
(Art. 5(3)): methods of service please refer below.
RECEIVED NYSCEF: 10/20/2023
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 certi cate (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 quali cations for making the translations
Victoria:
Where the documents to be served (including request forms) are
not in the English language, they must bear a certi cate (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
quali cations 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 certi ed 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 Certi cate 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 quali cations for making the translation. The
Certi cate 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 certi cate
(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
quali cations 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
certi cate (in English) signed by the translator stating the translation
FILED: BRONX COUNTY CLERK 10/20/2023 05:02 PM INDEX NO. 806834/2023E
is an accurate translation of the document as well as the translator's
NYSCEF DOC. NO. 12 full name and address and his or her quali cations for
RECEIVED making10/20/2023
NYSCEF: 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 certi cate 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
quali cations 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
certi cate 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 quali cations for making the
translation.
FILED: BRONX COUNTY CLERK 10/20/2023 05:02 PM INDEX NO. 806834/2023E
Costs relating to execution of the request New South Wales:
NYSCEF DOC. NO. 12
for service A
RECEIVED NYSCEF: 10/20/2023
at fee applies for service, including service attempts. The fees are
(Art. 12): payable to the Supreme Court of New South Wales. An invoice for
payment is sent to the requesting authority along with the
Certi cate of Service/Non Service.
The costs of service are set out in the Civil Procedure Regulations
2017 (NSW). The Sheri 's fees are in Schedule 2 Sheri '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 Sheri ’s O ce upon receipt of
Certi cate 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 Sherri ’s O ce
(in the invoice) must also be quoted when payment is made.
Queensland:
The requesting authority must bear the costs of e ecting service of
judicial documents in Queensland, Australia.
If service is not e ected on the person, then the requesting
authority must also bear the costs involved in attempting to e ect
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
e ected, whether the person to be served is cooperative and the
number of attempts required to e ect service.
The Queensland authorities will seek reimbursement of the service
fees from the requesting authority.
At the conclusion of the matter, a Certi cate of Service or a
Certi cate 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 e ect 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
at 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.
FILED: BRONX COUNTY CLERK 10/20/2023 05:02 PM INDEX NO. 806834/2023E
The current fee is listed on the Supreme Court website under
NYSCEF DOC. NO. 12 ‘Foreign Service’. This fee is required to be paid up front.
RECEIVED NYSCEF: 10/20/2023
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 e ecting service of
judicial documents in the Northern Territory.
Fees payable are prescribed in the Schedule to the Sheri
Regulations 1967 (NT) and vary according to the distance travelled
to e ect service.
An invoice for payment will be sent to the requesting authority along
with the Certi cate of Service.
Costs relating to service of extrajudicial Service of extrajudicial documents is undertaken via a service
documents: provider. The requesting authority must bear the costs of e ecting
service of extrajudicial service in all Australian jurisdictions.
The cost will vary depending on factors including the location of the
person to be served.
The Australian authorities will seek reimbursement of service fees
from the requesting authority.
Time for execution of request: In light of the current COVID-19 situation, service of legal documents
under the Hague Service Convention may be subject to delays.
Service generally:
Service in Australia can currently take up to 3 months or more. It
varies according to the state or territory that the request is sent to
as they may have di erent ways of processing service requests. It
also depends on where in Australia the person resides. If the person
is in a remote location, the time for execution of the service request
will be longer than if the person lives in a central location.
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.
Judicial o cers, o cials or other competent
persons
(Art. 10(b)
FILED: BRONX COUNTY CLERK 10/20/2023 05:02 PM INDEX NO. 806834/2023E
Oppositions and declarations Click here to read all the declarations made by Australia under the
NYSCEF DOC. NO. 12
(Art. 21(2)): Service Convention.
RECEIVED NYSCEF: 10/20/2023
Art. 8(2): No opposition
Art. 10(a): Australia does not object to service by postal channels, where it is
permitted in the jurisdiction in which the process is to be served.
Documents forwarded via postal channels must be sent via
registered mail to enable acknowledgement of receipt (see
declarations)
Art. 10(b): No opposition
Art. 10(c): No opposition
Art. 15(2): Australia accepts that a default judgment may be awarded against a
defendant even if no evidence of service had been provided, if all of
the conditions outlined in Article 15, paragraph 2, are satis ed. See
declaration of applicability.
Art. 16(3): An application for relief by a defendant from the e ects of the
expiration of the time to appeal will not be entertained if it is led
after the expiration of one year following the date of the judgment,
except where it is determined otherwise by the Court seized by the
matter. See declaration of applicability.
Derogatory channels (bilateral or
multilateral agreements or internal law
permitting other transmission channels)
(Arts. 11, 19, 24 and 25)
Disclaimer:
Information may not be complete or fully
updated – please contact the relevant
authorities to verify this information.
Useful links: http://www.ag.gov.au/pil
This page was last updated on: 17 November 2022
Conventions (incl. Protocols and Principles)
Convention of 15 November 1965 on the Service Abroad of Judicial and Extrajudicial Documents in Civil or
Commercial Matters [14]
Preview
FILED: BRONX COUNTY CLERK 10/20/2023 05:02 PM INDEX NO. 806834/2023E NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 10/20/2023 EXHIBIT 7 FILED: BRONX COUNTY CLERK 10/20/2023 05:02 PM INDEX NO. 806834/2023E NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 10/20/2023 AUTHORITY Australia - Central Authority & practical information Central Authority(ies): Attorney-General's Department Contact details: Address: Private International and Commercial Law Section Australian Government Attorney-General's Department Robert Garran O ces 3-5 National Circuit BARTON ACT 2600 Australia Telephone: - E-mail: pil@ag.gov.au General website: www.ag.gov.au/pil Contact person: - Languages spoken by sta : English Practical Information: (The following information was provided by the relevant State authorities or was obtained from the replies to the 2003, 2008 and/or 2013 Service Convention Questionnaires) Additional Information Required due to The impact of COVID-19 on international postal delivery service is Impact of Coronavirus (COVID-19): likely to result in signi cant delays for the processing of service or evidence requests by Australia’s Central Authority. To mitigate the potential for delays, we ask that the Requesting Authority provide (i) a contact name, (ii) phone number, and (iii) email address for the Requesting Authority for any new service requests sent to the Australian Central Authority. If these details are not provided, the Australian Central Authority’s ability to correspond with the Requesting authority will be limited, with timeframes for service requests likely to be signi cantly impacted. FILED: BRONX COUNTY CLERK 10/20/2023 05:02 PM INDEX NO. 806834/2023E Forwarding authorities The persons and entities within Australia competent to forward NYSCEF DOC. NO. 12 (Art. 3(1)): RECEIVED NYSCEF: service requests pursuant to Article 3 include any court o 10/20/2023 cial, or any other person or entity authorised by the rules of the court. Click here to read all the declarations made by Australia under the Service Convention. FILED: BRONX COUNTY CLERK 10/20/2023 05:02 PM INDEX NO. 806834/2023E Methods of service New South Wales: NYSCEF DOC. NO. 12 (Art. 5(1)(2)): RECEIVED NYSCEF: 10/20/2023 The documents are served on a person by means of personal service by the Sheri of New South Wales with the request of the Supreme Court of New South Wales. Personal service of a document on a person is e ected 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 e ected 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 o ce address, service is attempted at the solicitor's o ce by leaving the documents with a person employed at that address. Service of a document on a Corporation is e ected 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 e ected 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 O ce 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. See Order 80.13 of the Supreme Court (General Civil Procedure) Rules 2015 (Vic) for service requirements including prescribed forms. A Sheri 's O cer, detailing whether service has been successful or not, completes an a davit of service. This indicates how the addressee was identi ed or reasons that service could not be a ected. All relevant documents are sent back to the Foreign Service O cer for the Certi cate of Service to be completed. Documents are then returned to the Applicant. If the requesting authority has stipulated they require voluntary service to be a ected, 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 Sheri 's O cer under this method. This is re ected in the a davit, 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 e ected by either a baili of the court or an enforcement o cer. Personal service on an individual is e ected by locating the person to be served and identifying them, generally by asking their identity, and then giving them the documents to be served. FILED: BRONX COUNTY CLERK 10/20/2023 05:02 PM INDEX NO. 806834/2023E If service of the documents is required on a corporation, then NYSCEF DOC. NO. 12 service will ordinarily be attended to by delivering the documents RECEIVED NYSCEF: 10/20/2023 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 e ected 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 e ected by sending documents to or leaving them at a Post O ce Box address. Voluntary service is carried out by either a baili of the court or an enforcement o cer. The baili or enforcement o cer will locate the person to be served, identify them (by asking them to con rm 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 e ected on a Post O ce Box address. Western Australia: O cial 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 Sheri to organise personal service. Upon receipt the Sheri will organise for one of his O cers to e ect service and when service is e ected an A davit will be completed by the Sheri 's o ce. This A davit is forwarded to the Supreme Court and upon receipt, the Principal Registrar produces the Certi cate of Service of Foreign Process which is signed and sealed. Attached to that Certi cate is the Sheri 's A davit and annexures being the documents that were in fact served. These documents are then forwarded to the State Solicitor's O ce. Upon receipt the State Solicitor's O ce transmits that Certi cate, A davit 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 O ce. 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 A davit of Service is prepared by the Sheri 's O cer annexing the document that was served. The Principal Registrar of the Supreme Court of Western Australia will produce a Certi cate for documents that are not translated but he cannot certify what has been delivered other than a document in a foreign language. FILED: BRONX COUNTY CLERK 10/20/2023 05:02 PM South Australia: INDEX NO. 806834/2023E NYSCEF DOC. NO. 12 The documents are transferred to the Sheri who arranges RECEIVED NYSCEF:for10/20/2023 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 a davit 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 speci c 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 speci c 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 o ce or principal place of business. (Acts Interpretation Act 1931 (Tas), s.29AB). Where service by post is permitted it shall be deemed to be e ected by properly addressing, prepaying and posting the documents as a letter. Further, unless the contrary is proved service shall be deemed to be e ected 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 certi ed 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 Sheri 's O cer of the Supreme Court. Voluntary service is carried out in the same way as o cial 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. FILED: BRONX COUNTY CLERK 10/20/2023 05:02 PM Northern Territory: INDEX NO. 806834/2023E NYSCEF DOC. NO. 12 RECEIVED NYSCEF: 10/20/2023 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 e ected 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 baili of the Supreme Court of the Northern Territory. When service is e ected or not, the person by whom service has been e ected or not, must le with the Court an a davit 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 certi cate 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. FILED: BRONX COUNTY CLERK 10/20/2023 05:02 PM INDEX NO. 806834/2023E Translation requirements No translations are required for voluntary service. For all other NYSCEF DOC. NO. 12 (Art. 5(3)): methods of service please refer below. RECEIVED NYSCEF: 10/20/2023 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 certi cate (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 quali cations for making the translations Victoria: Where the documents to be served (including request forms) are not in the English language, they must bear a certi cate (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 quali cations 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 certi ed 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 Certi cate 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 quali cations for making the translation. The Certi cate 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 certi cate (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 quali cations 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 certi cate (in English) signed by the translator stating the translation FILED: BRONX COUNTY CLERK 10/20/2023 05:02 PM INDEX NO. 806834/2023E is an accurate translation of the document as well as the translator's NYSCEF DOC. NO. 12 full name and address and his or her quali cations for RECEIVED making10/20/2023 NYSCEF: 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 certi cate 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 quali cations 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 certi cate 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 quali cations for making the translation. FILED: BRONX COUNTY CLERK 10/20/2023 05:02 PM INDEX NO. 806834/2023E Costs relating to execution of the request New South Wales: NYSCEF DOC. NO. 12 for service A RECEIVED NYSCEF: 10/20/2023 at fee applies for service, including service attempts. The fees are (Art. 12): payable to the Supreme Court of New South Wales. An invoice for payment is sent to the requesting authority along with the Certi cate of Service/Non Service. The costs of service are set out in the Civil Procedure Regulations 2017 (NSW). The Sheri 's fees are in Schedule 2 Sheri '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 Sheri ’s O ce upon receipt of Certi cate 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 Sherri ’s O ce (in the invoice) must also be quoted when payment is made. Queensland: The requesting authority must bear the costs of e ecting service of judicial documents in Queensland, Australia. If service is not e ected on the person, then the requesting authority must also bear the costs involved in attempting to e ect 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 e ected, whether the person to be served is cooperative and the number of attempts required to e ect service. The Queensland authorities will seek reimbursement of the service fees from the requesting authority. At the conclusion of the matter, a Certi cate of Service or a Certi cate 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 e ect 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 at 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. FILED: BRONX COUNTY CLERK 10/20/2023 05:02 PM INDEX NO. 806834/2023E The current fee is listed on the Supreme Court website under NYSCEF DOC. NO. 12 ‘Foreign Service’. This fee is required to be paid up front. RECEIVED NYSCEF: 10/20/2023 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 e ecting service of judicial documents in the Northern Territory. Fees payable are prescribed in the Schedule to the Sheri Regulations 1967 (NT) and vary according to the distance travelled to e ect service. An invoice for payment will be sent to the requesting authority along with the Certi cate of Service. Costs relating to service of extrajudicial Service of extrajudicial documents is undertaken via a service documents: provider. The requesting authority must bear the costs of e ecting service of extrajudicial service in all Australian jurisdictions. The cost will vary depending on factors including the location of the person to be served. The Australian authorities will seek reimbursement of service fees from the requesting authority. Time for execution of request: In light of the current COVID-19 situation, service of legal documents under the Hague Service Convention may be subject to delays. Service generally: Service in Australia can currently take up to 3 months or more. It varies according to the state or territory that the request is sent to as they may have di erent ways of processing service requests. It also depends on where in Australia the person resides. If the person is in a remote location, the time for execution of the service request will be longer than if the person lives in a central location. 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. Judicial o cers, o cials or other competent persons (Art. 10(b) FILED: BRONX COUNTY CLERK 10/20/2023 05:02 PM INDEX NO. 806834/2023E Oppositions and declarations Click here to read all the declarations made by Australia under the NYSCEF DOC. NO. 12 (Art. 21(2)): Service Convention. RECEIVED NYSCEF: 10/20/2023 Art. 8(2): No opposition Art. 10(a): Australia does not object to service by postal channels, where it is permitted in the jurisdiction in which the process is to be served. Documents forwarded via postal channels must be sent via registered mail to enable acknowledgement of receipt (see declarations) Art. 10(b): No opposition Art. 10(c): No opposition Art. 15(2): Australia accepts that a default judgment may be awarded against a defendant even if no evidence of service had been provided, if all of the conditions outlined in Article 15, paragraph 2, are satis ed. See declaration of applicability. Art. 16(3): An application for relief by a defendant from the e ects of the expiration of the time to appeal will not be entertained if it is led after the expiration of one year following the date of the judgment, except where it is determined otherwise by the Court seized by the matter. See declaration of applicability. Derogatory channels (bilateral or multilateral agreements or internal law permitting other transmission channels) (Arts. 11, 19, 24 and 25) Disclaimer: Information may not be complete or fully updated – please contact the relevant authorities to verify this information. Useful links: http://www.ag.gov.au/pil This page was last updated on: 17 November 2022 Conventions (incl. Protocols and Principles) Convention of 15 November 1965 on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters [14]