Commonwealth Numbered Regulations

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1997 No. 87 FEDERAL COURT RULES (AMENDMENT) - REG 2

2. Order 8, rule 2 (Leave to serve outside jurisdiction)
2.1 After subrule 2 (2), insert:

"(2A) However, a party may serve originating process outside the Commonwealth
without complying with Division 2 or 3 of this Order if:

   (a)  the Court has given the party prior leave to serve the process outside
        the Commonwealth; and

   (b)  the process is served in accordance with any terms or conditions
        imposed by the Court in giving the leave.

"(2B) The Court may give a party leave to serve originating process in a
convention country without complying with Division 2 of this Order only if the
Court is satisfied that the service would not be inconsistent with the
convention applying to service abroad of judicial documents to which Australia
and the convention country are parties.

"(2C) Nothing in this rule prevents the Court from giving a party leave to
give notice, outside the Commonwealth, of a proceeding in the Court on the
basis that giving the notice takes the place of serving the originating
process in relation to the proceeding.". 


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