Commonwealth Consolidated Regulations

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FAMILY LAW REGULATIONS 1984 - REG 21AC

Definitions for Part IIAB

                   In this Part:

"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 Service 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, means the person on whose behalf service is requested.

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

"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 Service 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 Service 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 Service Convention, to complete certificates of service in the form annexed to the Hague Service 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 Service 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 the Registrar.

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

"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 subregulation 21AF(1).



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