Document ID: chunk:federal_register_of_legislation:F2024C00519:reg:4:p26
Version: federal_register_of_legislation:F2024C00519
Segment Type: reg
Provision Reference: reg 4 (pt 26/43)
Character Range: 174489–177167

of:
 (a) the scope of the jurisdiction of the Court in respect of proceedings against persons who are served outside Australia; and
 (b) the grounds alleged by the applicant to found jurisdiction; and
 (c) the person's right to challenge service of the originating application or the jurisdiction of the Court or to file a conditional appearance.

10.43C  Time for filing notice of address for service
 (1) Unless the Court otherwise orders, a respondent who has been served outside Australia must file a notice of address for service before the later of:
 (a) the return date fixed in the originating application; and
 (b) the 43rd day after the day of service.
 (2) Subrule (1) has effect despite rules 5.02 and 11.06.

10.43D  Leave to proceed if notice of address for service not filed
 (1) If an originating application is served on a person outside Australia and the person does not file a notice of address for service within the time fixed by rule 10.43C, the party serving the document may not proceed against the person served except by leave of the Court.
 (2) An application for leave under subrule (1) may be made without notice.
Note: Without notice is defined in the Dictionary.

10.44  Service of other documents outside Australia
  Any document other than an originating application may be served outside Australia with the leave of the Court, which may be given with any directions that the Court considers appropriate.

10.45  Application of other rules
  The other provisions of this Part apply to service of a document on a person outside Australia in the same way as the provisions apply to service on a person in Australia, to the extent that the provisions are:
 (a) relevant and consistent with this Division; and
 (b) consistent with:
 (i) if a convention applies—the convention; or
 (ii) if the Hague Convention applies—the Hague Convention; or
 (iii) in any other case—the law of the country in which service is to be effected.

10.46  Method of service
  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.
Note: The law of a foreign country may permit service through the diplomatic channel or service by a private agent—see Division 10.5.

10.47  Proof of service
 (1) This rule does not apply to a document served in accordance with the Hague Convention.
Note: Rules 10.63 to 10.68 deal with service of local judicial documents in a country, other than Australia, that is a party to the Hague Convention.
 (2) An official certificate or declaration (whether made on oath or otherwise) is sufficient proof