Australian Capital Territory Current Regulations

COURT PROCEDURES RULES 2006 - REG 6542

The court may order that effect is to be given to a letter of request for the service of process of a court or tribunal of a foreign country, even though rule 6540 (Letter of request from foreign tribunal—procedure) has not been complied with.

Note     Pt 6.2 (Applications in proceedings) applies to an application for an order under this rule.

Note 1     This division 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 Commonwealth Attorney-General's Department is designated as the central authority (under the Convention, article 2) and certain courts and government departments are, for certain purposes, designated as ‘other' or ‘additional' authorities (under the Convention, article 18).

Note 2     This division provides (in sdiv 6.8.12.2) for service in overseas Convention countries of local judicial documents (documents that relate to proceedings in the court) and (in sdiv 6.8.12.3) for default judgment in proceedings in the court after service overseas of such a document. Subdivision 6.8.12.4, 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     Information about the Hague Convention, including a copy of the Hague Convention, a list of all Contracting States, details of declarations and reservations made under the Hague Convention by each of those States and the names and addresses of the central and other authorities of each of those States, can be found at the website of the Hague Conference on Private International Law.

Note 4     This division does not apply to a criminal proceeding (see r 4006 (Criminal proceedings—application of pt 6.8)).