Document ID: chunk:federal_register_of_legislation:F2024C00519:reg:4:p27
Version: federal_register_of_legislation:F2024C00519
Segment Type: reg
Provision Reference: reg 4 (pt 27/43)
Character Range: 176924–179527

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 of the service of a document on a person in a country other than Australia if the certificate or declaration states:
 (a) that the document has been personally served on the person in that other country; or
 (b) that the document has been served on the person in accordance with the law of that other country.
 (3) If filed, a certificate or declaration mentioned in subrule (2):
 (a) is taken to be a record of the service of the document; and
 (b) has effect as if it were an affidavit of service.

10.48  Deemed service
  A party may apply to the Court without notice for an order that a document is taken to have been served on a person on the day mentioned in the order, if:
 (a) it is not practicable to serve the document on the person outside Australia in accordance with a convention, the Hague Convention or the law of the country in which the person resides; and
 (b) the party provides evidence that the document has been brought to the attention of the person.
Note: Without notice is defined in the Dictionary.

10.49  Substituted service
  If service on a person outside Australia, in accordance with a convention, the Hague Convention or the law of a foreign country, was not successful, a party may apply to the Court without notice for an order:
 (a) substituting another method of service; or
 (b) specifying that, instead of being served, certain steps be taken to bring the document to the attention of the person; or
 (c) specifying that the document is taken to have been served:
 (i) on the happening of a specified event; or
 (ii) at the end of a specified time.
Note: Without notice is defined in the Dictionary.
Rule 10.50 left blank

Division 10.5—Service through diplomatic channel or by transmission to foreign government

10.51  Documents to be lodged with the Court
  If a party wants to serve a document on a person in a foreign country:
 (a) through the diplomatic channel; or
 (b) by transmission to a foreign government in accordance with a convention (the relevant convention);
the party must lodge in the District Registry:
 (c) a request for service, in accordance with Form 23; and
 (d) a request for transmission, in accordance with Form 24; and
 (e) the party's or the party's lawyer's written undertaking, to pay to the Chief Executive Officer the amount of the expenses incurred by the Court in giving effect to the