Commonwealth Consolidated Regulations

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Service of other documents

             (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.

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