Part 11 Service of documents outside Australia
(1) This Part applies to proceedings in the Supreme Court.(2) For the purposes of this Part, a reference to Australia includes a reference to the external Territories.
11.2 Cases for service of originating process
(cf SCR Part 10, rule 1A)
Originating process may be served outside Australia in the circumstances referred to in Schedule 6.
11.3 Notice to the defendant served outside Australia
(cf SCR Part 10, rule 2A)
If originating process is intended to be served on a defendant outside Australia, a notice to that effect must be included in the originating process.
11.4 Leave for plaintiff to proceed where no appearance by defendant
(cf SCR Part 10, rule 2)
(1) If originating process is served on a defendant outside Australia, and the defendant does not enter an appearance, the plaintiff may not proceed against the defendant except by leave of the Supreme Court.(2) A motion for leave under subrule (1) may be made without serving notice of motion on the defendant.
11.5 Service of documents other than originating process
(cf SCR Part 10, rule 3)
Service outside Australia of a document other than originating process is valid only if it is effected pursuant to the leave of the Supreme Court or is subsequently confirmed by the Supreme Court.
(cf SCR Part 10, rule 5)
A document to be served outside Australia need not be personally served on a person so long as it is served on the person in accordance with the law of the country in which service is effected.
11.7 Setting aside originating process served outside Australia
(cf SCR Part 10, rule 6A)
(1) The Supreme Court may make an order of a kind referred to in rule 12.11 (Setting aside originating process etc) on application by a defendant on whom originating process is served outside Australia.(2) Without limiting subrule (1), the Supreme Court may make an order under this rule:(a) on the ground that the service of the originating process is not authorised by these rules, or(b) on the ground that the court is an inappropriate forum for the trial of the proceedings.
11.8 Operation of Commonwealth laws
(cf SCR Part 10, rule 6)
This Part does not require the leave of the Supreme Court for any service or other thing that may be effected or done under any law of the Commonwealth.
Division 2 Service outside Australia in accordance with Attorney General’s arrangements
(cf SCR Part 10, rule 7)
In this Division:applicant means the person by whom an application is made under rule 11.10 (1) (a).
participating country means:
(a) any country that is a signatory to an international convention with respect to the service of documents in that country to which Australia is a signatory, or(b) in relation to particular proceedings, any other country declared by the Attorney General, by notice filed in the proceedings, to be a country to which this Division applies.undertaking as to expenses means an undertaking by an applicant or his or her solicitor to pay to the registrar an amount equal to the sum of all expenses incurred in consequence of the request for service.
11.10 Filing of requisite documents
(cf SCR Part 10, rules 8, 9 and 10)
(1) A person requiring a document to be served in a participating country may file the following documents in the Supreme Court:(a) an application to the principal registrar of the Supreme Court that a sealed copy of a document be transmitted to that country for service on the person specified in the application as the person to be served,(b) if the applicant requires service of the document under an international convention with respect to the service of documents to which that country and Australia are both signatories, a statement to that effect,(c) the document to be served and (unless English is an official language of the country concerned) a translation of the document,(d) if any special manner of service is required, a request for service in that manner and (unless English is an official language of the country concerned) a translation of the request,(e) an undertaking as to expenses,together with such further copies of those documents as the principal registrar may direct.(2) A translation of a document referred to in subrule (1):(a) must be in an official language of the country in which service is required, and(b) must bear a certificate by the translator, in that language, stating his or her qualifications and certifying that the translation is a correct translation of the document.
11.11 Procedure on filing and lodgment
(cf SCR Part 10, rules 11 and 12)
(1) After all relevant documents have been filed as referred to in rule 11.10, the principal registrar of the Supreme Court must seal them and send the lodged documents to the Director-General of the Attorney General’s Department for transmission for service, together with such letter of request (if any) as may be necessary.(2) A certificate as to service, attempted service or non-service of any document so sent that is issued by:(a) a judicial authority or other responsible person in the country concerned, or(b) a British or Australian consular authority in the country concerned,is evidence of the matters stated in the certificate.
11.12 Recovery of unpaid expenses
(cf SCR Part 10, rule 13)
If an applicant who has given an undertaking as to expenses does not, within 7 days after service on the applicant of an account of expenses incurred in relation to his or her application, pay to the principal registrar of the Supreme Court the amount of the expenses, the Supreme Court:(a) may order the applicant to pay the amount of the expenses to the principal registrar, and(b) may stay the proceedings, until payment is made, so far as concerns the whole or any part of any claim for relief by the applicant.