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FEDERAL COURT RULES 2011 - RULE 10.61

Definitions for Division 10.6

                   In this Division:

"additional authority " , for a Convention country, means an authority that is:

                     (a)  for the time being designated by the country, under Article 18 of the Hague Convention, to be an authority (other than the Central Authority) for the country; and

                     (b)  competent to receive requests for service abroad emanating from Australia.

"applicant " , for a request for service abroad or a request for service in this jurisdiction, means the person on whose behalf service is requested.

Note:          The term applicant may have a different meaning in other provisions of these Rules.

"Central Authority " , for a Convention country, means an authority that is for the time being designated by that country, under Article 2 of the Hague Convention, to be the Central Authority for that country.

"certificate of service " means a certificate of service that has been completed for the purposes of Article 6 of the Hague Convention.

"certifying authority " , for a Convention country, means the Central Authority for the country or some other authority that is for the time being designated by the country, under Article 6 of the Hague Convention, to complete certificates of service in the form annexed to the Hague Convention.

"civil proceedings " means any judicial proceedings in relation to civil or commercial matters.

"Convention country " means a country, other than Australia, that is a party to the Hague Convention.

"defendant " , for a request for service abroad of an initiating process, means the person on whom the initiating process is requested to be served.

"foreign judicial document " means a judicial document that originates in a Convention country and relates to civil proceedings in a court of that country.

"forwarding authority " means:

                     (a)  for a request for service of a foreign judicial document in this jurisdiction--the authority or judicial officer of the Convention country in which the document originates that forwards the request (being an authority or judicial officer that is competent under the law of that country to forward a request for service under Article 3 of the Hague Convention); or

                     (b)  for a request for service of a local judicial document in a Convention country--the Registrar.

"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.

"initiating process " means any document by which proceedings (including proceedings on any cross-claim or third party notice) are started.

"local judicial document " means a judicial document that relates to civil proceedings in the Court.

"request for service abroad " means a request for service in a Convention country of a local judicial document mentioned in rule 10.64(1).

"request for service in this jurisdiction " means a request for service in this jurisdiction of a foreign judicial document mentioned in rule 10.73(1).

"this jurisdiction " means Australia.



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