Division 1(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)
(1) Originating process may be served outside Australia in the circumstances referred to in Schedule 6.(2) This rule extends to originating process to be served outside Australia in accordance with the Hague Convention.
11.3 Notice to the defendant served outside Australia
(cf SCR Part 10, rule 2A)
(1) 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.(2) This rule does not apply to originating process that is intended to be served on a defendant outside Australia in accordance with the Hague Convention.Note. Division 2 of Part 11A deals with the service of local judicial documents in a country (other than Australia) that is a party to the Hague Convention.
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.Note. Rule 11.8 provides for the interaction between this Division and Part 11A (which deals with service of judicial documents under the Hague Convention). See Division 3 of Part 11A in relation to default judgment in proceedings in the Supreme Court after service overseas of a local judicial document.
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 and Hague Convention
(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, the Hague Convention or Part 11A.Note. Part 11A deals with service of judicial documents under the Hague Convention.