(1) Any person aggrieved by an order of the judicial registrar dismissing, or dismissing in part, an application for a payment under Rule 79.02(2) may appeal that dismissal to the Court constituted by the Senior Master within one month of the notification of the order to the applicant.
(2) Within five days of the making of an order by the judicial registrar granting, or granting in part, an application for a payment under Rule 79.02(2), any person aggrieved by the order may appeal that grant to the Court constituted by the Senior Master on the ground that the payment would not be in the best interests of the person for whom the Senior Master holds money in court.
(3) The Senior Master, from time to time, may publish directions regarding the institution of an appeal under this Rule.
(4) Unless the Senior Master otherwise directs, an appeal under this Rule shall be determined without the attendance of, and without hearing, the parties.
(5) In determining an appeal under this Rule, the Senior Master may exercise all the powers of an Associate Judge and may—
(a) dismiss the appeal;
(b) allow the appeal and—
(i) set aside or vary the order of the judicial registrar; or
(ii) substitute a different order; or
(iii) refer the application back to the judicial registrar for further determination;
(c) make any other order that the Senior Master considers appropriate.
(6) Unless the Senior Master otherwise orders, an
appeal under paragraph (2) operates as a stay of execution of the order of
the judicial registrar.
This Order 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 Attorney-General's Department of the Commonwealth is designated as the Central Authority (under Article 2 of the Convention) and certain courts and government departments are, for certain purposes, designated as "other" or "additional" authorities (under Article 18 of the Convention).
This Order provides (in Part 2) for service in overseas Convention countries of local judicial documents (documents that relate to proceedings in the Court) and (in Part 3) for default judgment in proceedings in the Court after service overseas of such a document. Part 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.
The Attorney-General's Department of the Commonwealth maintains a copy of the Convention, a list of all Convention countries, details of declarations and objections made under the Convention by each of those countries and the names and addresses of the Central and other authorities of each of those countries. A copy of the Convention can be found at http://www.hcch.net.