New South Wales Consolidated Regulations
[Index]
[Table]
[Search]
[Search this Regulation]
[Notes]
[Noteup]
[Previous]
[Next]
[Download]
[Help]
UNIFORM CIVIL PROCEDURE RULES 2005 - REG 11A.1
Definitions
In this Part--
"additional authority" , for a Convention country, means an authority that
is--
(a) for the time being designated by that country, under Article 18 of
the Hague Convention, to be an authority (other than the Central Authority)
for that country, and
(b) competent to receive requests for service abroad
emanating from Australia.
"applicant" , for a request for service abroad or a request for service in
this jurisdiction, means the person on whose behalf service is requested. Note
: The term
"applicant" may have a different meaning in other Parts of these rules.
"Central Authority" , for a Convention country, means an authority that is for
the time being designated by that country, under Article 2 of the Hague
Convention, to be the Central Authority for that country.
"certificate of service" means a certificate of service that has been
completed for the purposes of Article 6 of the Hague Convention.
"certifying authority" , for a Convention country, means the Central Authority
for the country or some other authority that is for the time being designated
by the country, under Article 6 of the Hague Convention, to complete
certificates of service in the form annexed to the Hague Convention.
"civil proceedings" means any judicial proceedings in relation to civil or
commercial matters.
"Convention country" means a country, other than Australia, that is a party to
the Hague Convention.
"defendant" , for a request for service abroad of an initiating process, means
the person on whom the initiating process is requested to be served.
"foreign judicial document" means a judicial document that originates in a
Convention country and that relates to civil proceedings in a court of that
country.
"forwarding authority" -- (a) for a request for service of a foreign judicial
document in this jurisdiction--the authority or judicial officer of the
Convention country in which the document originates that forwards the request
(being an authority or judicial officer that is competent under the law of
that country to forward a request for service under Article 3 of the Hague
Convention), or
(b) for a request for service of a local judicial document in
a Convention country--the Registrar.
"Hague Convention" means the Convention on the Service Abroad of Judicial and
Extrajudicial Documents in Civil or Commercial Matters done at the Hague on 15
November 1965.
"initiating process" means any document by which proceedings (including
proceedings on any cross-claim or third party notice) are commenced.
"local judicial document" means a judicial document that relates to civil
proceedings in the Court.
"Registrar" means the principal registrar of the Court, and includes any other
person who, by delegation or otherwise, is authorised to exercise the
functions of that office.
"request for service abroad" means a request for service in a Convention
country of a local judicial document mentioned in rule 11A.4(1).
"request for service in this jurisdiction" means a request for service in this
jurisdiction of a foreign judicial document mentioned in rule 11A.13(1).
"the Court" means the Supreme Court.
"this jurisdiction" means New South Wales.
AustLII: Copyright Policy
| Disclaimers
| Privacy Policy
| Feedback