Uniform Civil Procedure Rules 2005
Current version for 9 April 2020 to date (accessed 2 June 2020 at 06:44)
Part 11 Division 2
Division 2 Service outside Australia in accordance with Attorney General’s arrangements
11.8A   Application of Division
This Division does not apply to any document that is intended to be served on a person 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.
11.9   Definitions
(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, or by some other person authorised by the Attorney General for the purposes of this definition, 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.