Commonwealth Numbered Regulations Commonwealth Numbered Regulations(1) Service of an originating application on a person in a foreign country is effective for the purpose of a proceeding only if:
(a) the Court has given leave under subrule (2) before the application is served; or
(b) the Court confirms the service under subrule (6); or
(c) the person served waives any objection to the service by filing a notice of address for service without also making an application under rule 13.01.
Note A respondent may apply to set aside an originating application or service of that application -- see rule 13.01.
(2) A party may apply to the Court for leave to serve 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.
(3) The application under subrule (2) must be accompanied by an affidavit stating:
(a) the name of the foreign country where the person to be served is or is likely to be; and
(b) the proposed method of service; and
(c) that the proposed method of service is 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.
(4) For subrule (2), the party must satisfy the Court that:
(a) the Court has jurisdiction in the proceeding; and
(b) the proceeding is of a kind mentioned in rule 10.42; and
(c) the party has a prima facie case for all or any of the relief claimed in the proceeding.
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.
(5) A party may apply to the Court for leave to give notice, in a foreign country, of a proceeding in the Court, if giving the notice takes the place of serving the originating application.
(6) If 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.
(7) For subrule (6), the party must satisfy the Court that:
(a) paragraphs (4) (a) to (c) apply to the proceeding; and
(b) 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
(c) there is a sufficient explanation for the failure to apply for leave.