Commonwealth Consolidated Regulations

FEDERAL COURT RULES 2011 - RULE 10.52

    If a party, or a party's lawyer, gives an undertaking under paragraph   10.51(e) and does not, within 14 days after being sent an account for expenses incurred in relation to the request, pay to the Chief Executive Officer the amount of the expenses, the Court may without notice make an order that:

  (a)   the amount of the expenses be paid to the Chief Executive Officer within a specified period of time; and

  (b)   the proceeding be stayed, to the extent that it concerns the whole or any part of a claim for relief by the party, until the amount of the expenses is paid.

Note:   Without notice is defined in the Dictionary.

Rules   10.53-10.60 left blank

Note 1:   This Division forms part of a scheme to implement Australia's obligations under the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters. Under the Convention, the Attorney - General's Department of the Commonwealth is designated as the Central Authority (under Article 2 of the Convention) and certain courts and government departments are, for certain purposes, designated as 'other' or 'additional' authorities (under Article 18 of the Convention).

Note 2:   This Division provides (in rules   10.63 to 10.68) for service in overseas Convention countries of local judicial documents (documents that relate to proceedings in the Court) and (in rules   10.69 to 10.72) for default judgment in proceedings in the Court after service overseas of such a document. Rules   10.74 to 10.76, on the other hand, deal with service by the Court or arranged by the Court in its role as an other or additional authority, of judicial documents emanating from overseas Convention countries.

Note 3:   The Attorney - General's Department of the Commonwealth maintains a copy of the Convention, a list of all Convention countries, details of declarations and objections made under the Convention by each of those countries and the names and addresses of the Central and other authorities of each of those countries. A copy of the Convention can be found at http://www.hcch.net.