Commonwealth Consolidated Regulations

HIGH COURT RULES 2004 - RULE 9.07

9.07.1     Originating process may be served out of Australia without order of the Court in any case where, under the Federal Court Rules, originating process in the Federal Court may be served out of Australia.

9.07.2     Originating process which is served out of Australia need not be served personally as long as it is served in accordance with the law of the place in the country in which service is effected.

9.07.3     If a party served with originating process out of Australia does not file an appearance, and if the Court or a Justice is satisfied:

  (a)   that the subject matter of the proceeding so far as it concerns that party is within rule   9.07.1; and

  (b)   that the originating process was duly served on that party;

the Court or a Justice may order that the plaintiff shall be at liberty to proceed.