Document ID: chunk:federal_register_of_legislation:F2024C00519:reg:4:p22
Version: federal_register_of_legislation:F2024C00519
Segment Type: reg
Provision Reference: reg 4 (pt 22/43)
Character Range: 164727–167413

lawyer; and
 (ii) the lawyer has filed a notice of address for service that conforms with rule 11.01.
Note: Proper address, for a person to be served, is defined in the Dictionary.

10.32  Time of service
  A document that is served on a person under rule 10.31 is taken to be served on the person:
 (a) if the document was sent by pre‑paid post—on the seventh business day after the document was sent; or
 (b) if the document was sent by fax—on the next business day after the document was sent; or
 (c) if the document was sent by electronic communication—on the next business day after the document was sent.
Rules 10.33–10.40 left blank

Division 10.4—Service outside Australia
Note: This Division contains rules that have been harmonised in accordance with the advice of the Council of Chief Justices' Rules Harmonisation Committee.

10.41  Division does not apply to service in New Zealand of documents in or for certain trans‑Tasman proceedings
  This Division (which contains rules about service outside Australia) does not apply to service in New Zealand of an originating application for a proceeding, or of any other document to be served in or for a proceeding, if an originating application for the proceeding may be served in New Zealand under Division 2 of Part 2 of the Trans‑Tasman Proceedings Act 2010.

10.42  When an originating application may be served outside Australia without leave
  An originating application, together with each document required to accompany the application by rule 8.05, rule 10.43B or any other rule of the Court, may be served outside Australia without leave in the following cases:
 (a) if the proceeding is founded on a tortious act or omission:
 (i) that was done or occurred wholly or partly in Australia; or
 (ii) in respect of which the damage was sustained wholly or partly in Australia;
 (b) if the proceeding is for the enforcement, rescission, dissolution, annulment, cancellation, rectification, interpretation or other treatment of, or for damages or other relief in respect of a breach of, a contract that:
 (i) was made or entered into in Australia; or
 (ii) was made by or through an agent trading or residing within Australia; or
 (iii) was to be wholly or partly performed in Australia; or
 (iv) was by its terms or by implication to be governed by a law of the Commonwealth, a State or a Territory, or to be enforceable or cognizable in an Australian court;
 (c) if the proceeding is for a breach in Australia of any contract, wherever made, whether or not that breach was preceded or accompanied by a breach outside Australia that rendered impossible the performance of that part of the contract that ought to have been