December 2015
How to prepare a request for service using
diplomatic channels
Australia accepts service of legal documents through diplomatic channels. However, please note
that service through diplomatic channels can be subject to many delays.
The steps abroad
The litigant abroad decides to request service through diplomatic channels. The litigant organises to
transmit the documents to the relevant foreign authority in accordance with the domestic laws and
processes of that foreign country.
The transmission
Documents to be served via diplomatic channels must be sent to the Australian Department of
Foreign Affairs and Trade. To ensure that the transmission of documents is not delayed, we request
that documents be sent to the following address:
Corporate Legal Branch
Department of Foreign Affairs and Trade
R.G. Casey Building
John McEwen Crescent
Barton ACT 0221
Australia
Processing the request for service in Australia
The Australian Department of Foreign Affairs and Trade scrutinises the documents and the Letter of
Request for Service to ensure they comply with the general requirements of service through
diplomatic channels. These requirements include:

There must be an explicit request to serve the attached documents including the full name
and address of the person to be served.
 There must be an undertaking to pay costs associated with the Request for Service.
 Translations are not strictly required, however, state and territory Supreme Court Rules may
require translations. Not providing properly certified translations will most likely result in
delay.
 There are no strict requirements as to the number of copies of documents, however, the
department recommends providing a duplicate of all documents so as to comply with
relevant state and territory Supreme Court Rules and prevent delay.
If the request does comply, it is passed on to the relevant state or territory authorities for execution.
If the request does not comply, the relevant foreign authority is notified and the request may be
returned unexecuted.
Formal confirmation that service was successful or
unsuccessful
Formal confirmation that service was successfully or unsuccessfully executed will be returned to the
foreign litigant using the same path by which service was effected. Confirmation will be provided in
the form of a Certificate of Service or Non-Service and a certified affidavit if necessary.
Costs
An invoice for fees incurred will be included with the Certificate of Service or Non-Service. Please do
not include a money order or cheque with the original request as charges will vary depending on the
number of times service is attempted and the Australian jurisdiction service is to be executed in. It
should be noted that prepayment of service fees is currently required in both the Australian Capital
Territory and South Australia.
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.
Your use of this information is not intended to nor will it create any solicitor client relationship
between you and the Commonwealth of Australia or any of its agents or staff.
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