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DOMESTIC AND FAMILY VIOLENCE PROTECTION RULES 2014 - REG 17
Service outside the State
17 Service outside the State
(1) If a document is required to be served under the DFVP Act or these rules,
the document may be served— (a) outside the State but within Australia; or
(b) outside Australia.
(2) If a document is to be served outside the State—
(a) the DFVP court may issue a direction about how the document is to be
served; and
(b) the document must otherwise be served in compliance with this
division.
(3) In deciding whether to issue a direction about how a document
is to be served under subrule (2) , the DFVP court may consider— (a) for
service outside Australia—whether a convention requires the service to be
performed in a particular way; and Example of a convention— the Convention
on the Service Abroad of Judicial and Extrajudicial Documents in Civil or
Commercial Matters done at the Hague on 15 November 1965
(b) how the party
required to serve the document is to pay the costs of service; and
(c) if the
document must be served personally and the DFVP court considers it is
impracticable for service to be proved by an affidavit of personal service or
statement of police service—whether service is to be proved in another way.
(4) However, if a document is to be served outside the State but within
Australia and the document may be served in accordance with the
Service and Execution of Process Act 1992 (Cwlth) , the document must be
served in accordance with that Act.
(5) Also, if a document is to be served
within New Zealand and the document may be served in accordance with the
Trans-Tasman Proceedings Act 2010 (Cwlth) , the document must be served in
accordance with that Act.
(6) Nothing in this rule, or in any direction
issued by a DFVP court made under these rules, authorises or requires the
doing of anything in a country in which service is to be effected that is
contrary to the law of the country.
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