Commonwealth Consolidated Regulations

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FEDERAL COURT RULES 2011 - RULE 10.41

Definitions for Division 10.4

                   In this Division:

"convention " , for a foreign country, means a convention (other than the Hague Convention), agreement, arrangement or treaty about service abroad of judicial documents to which the Crown in right of the Commonwealth or, if appropriate, in right of a State, and a foreign country are parties.

"foreign country " means a country other than Australia.

"Hague Convention means the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters" done at the Hague on 15 November 1965.

Note 1:       Originating application is defined in the Dictionary.

Note 2:       The Trans-Tasman Proceedings Act provides for service in New Zealand of initiating documents in civil proceedings started in Australian courts. An initiating document includes a document by which a civil proceeding is started in an Australian court. An Australian court includes a federal court. Division 2 of Part 2 of the Trans-Tasman Proceedings Act provides for the manner of service of initiating documents. An applicant in a proceeding in this Court may proceed under that Act rather than this Division.



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