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Uniform Civil Procedure Rules 2005
Current version for 9 April 2020 to date (accessed 7 August 2020 at 20:30)
Division 1 Preliminary
Note 1.This Part forms part of a scheme to implement Australia’s obligations under the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters. Under the Convention, the Attorney-General’s Department of the Commonwealth is designated as the Central Authority (under Article 2 of the Convention) and certain courts and government departments are, for certain purposes, designated as “other” or “additional” authorities (under Article 18 of the Convention).
Note 2.This Part provides (in Division 2) for service in overseas Convention countries of local judicial documents (documents that relate to proceedings in the Court) and (in Division 3) for default judgment in proceedings in the Court after service overseas of such a document. Division 4, on the other hand, deals with service by the Court or arranged by the Court in its role as an other or additional authority, of judicial documents emanating from overseas Convention countries.
Note 3.The Hague Conference on Private International Law website maintains a copy of the Convention, a list of all Convention countries, details of declarations and objections made under the Convention by each of those countries and the names and addresses of the Central and other authorities of each of those countries. A copy of the Convention can be found at http://www.hcch.net.
In this Part—additional authority, for a Convention country, means an authority that is—(a) for the time being designated by that country, under Article 18 of the Hague Convention, to be an authority (other than the Central Authority) for that country, and(b) competent to receive requests for service abroad emanating from Australia.applicant, for a request for service abroad or a request for service in this jurisdiction, means the person on whose behalf service is requested.Note.The term applicant may have a different meaning in other Parts of these rules.Central Authority, for a Convention country, means an authority that is for the time being designated by that country, under Article 2 of the Hague Convention, to be the Central Authority for that country.certificate of service means a certificate of service that has been completed for the purposes of Article 6 of the Hague Convention.certifying authority, for a Convention country, means the Central Authority for the country or some other authority that is for the time being designated by the country, under Article 6 of the Hague Convention, to complete certificates of service in the form annexed to the Hague Convention.civil proceedings means any judicial proceedings in relation to civil or commercial matters.Convention country means a country, other than Australia, that is a party to the Hague Convention.defendant, for a request for service abroad of an initiating process, means the person on whom the initiating process is requested to be served.foreign judicial document means a judicial document that originates in a Convention country and that relates to civil proceedings in a court of that country.forwarding authority—(a) for a request for service of a foreign judicial document in this jurisdiction—the authority or judicial officer of the Convention country in which the document originates that forwards the request (being an authority or judicial officer that is competent under the law of that country to forward a request for service under Article 3 of the Hague Convention), or(b) for a request for service of a local judicial document in a Convention country—the Registrar.Hague Convention means the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters done at the Hague on 15 November 1965.initiating process means any document by which proceedings (including proceedings on any cross-claim or third party notice) are commenced.local judicial document means a judicial document that relates to civil proceedings in the Court.Registrar means the principal registrar of the Court, and includes any other person who, by delegation or otherwise, is authorised to exercise the functions of that office.request for service abroad means a request for service in a Convention country of a local judicial document mentioned in rule 11A.4(1).request for service in this jurisdiction means a request for service in this jurisdiction of a foreign judicial document mentioned in rule 11A.13(1).the Court means the Supreme Court.this jurisdiction means New South Wales.
11A.2 Provisions of this Part to prevail
The provisions of this Part prevail to the extent of any inconsistency between those provisions and any other provisions of these rules.