(1) A party may apply to the Court for leave to serve a document filed in or issued by the Court, other than an originating application, on a person in a foreign country in accordance with a convention, the Hague Convention or the law of the foreign country.
Note 1: The law of a foreign country may permit service through the diplomatic channel or service by a private agent--see Division 10.5.
Note 2: Rules 10.63 to 10.68 deal with service of local judicial documents in a country, other than Australia, that is a party to the Hague Convention.
Note 3: The Court may give permission under subrule (4) on conditions--see rule 1.33.
(2) An application under subrule (1) must be accompanied by an affidavit that includes the information mentioned in paragraphs 10.43(3)(a) to (c).
(3) If a document, other than an originating application, was served on a person in a foreign country without the leave of the Court, a party may apply to the Court for an order confirming the service.
(4) For subrule (3), the party must satisfy the Court that:
(a) the service was permitted by:
(i) if a convention applies--the convention; or
(ii) if the Hague Convention applies--the Hague Convention; or
(iii) in any other case--the law of the foreign country; and
(b) there is a sufficient explanation for the failure to apply for leave.