sec.17Service outside the State

sec.17 Service outside the State

If a document is required to be served under the DFVP Act or these rules, the document may be served— outside the State but within Australia; or outside Australia. If a document is to be served outside the State— the DFVP court may issue a direction about how the document is to be served; and the document must otherwise be served in compliance with this division. In deciding whether to issue a direction about how a document is to be served under subrule (2) , the DFVP court may consider— for service outside Australia—whether a convention requires the service to be performed in a particular way; and the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters done at the Hague on 15 November 1965 how the party required to serve the document is to pay the costs of service; and if the document must be served personally and the DFVP court considers it is impracticable for service to be proved by an affidavit of personal service or statement of police service—whether service is to be proved in another way. However, if a document is to be served outside the State but within Australia and the document may be served in accordance with the Service and Execution of Process Act 1992 (Cwlth) , the document must be served in accordance with that Act. Also, if a document is to be served within New Zealand and the document may be served in accordance with the Trans-Tasman Proceedings Act 2010 (Cwlth) , the document must be served in accordance with that Act. Nothing in this rule, or in any direction issued by a DFVP court made under these rules, authorises or requires the doing of anything in a country in which service is to be effected that is contrary to the law of the country. (sec.17-ssec.1) If a document is required to be served under the DFVP Act or these rules, the document may be served— outside the State but within Australia; or outside Australia. (sec.17-ssec.2) If a document is to be served outside the State— the DFVP court may issue a direction about how the document is to be served; and the document must otherwise be served in compliance with this division. (sec.17-ssec.3) In deciding whether to issue a direction about how a document is to be served under subrule (2) , the DFVP court may consider— for service outside Australia—whether a convention requires the service to be performed in a particular way; and the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters done at the Hague on 15 November 1965 how the party required to serve the document is to pay the costs of service; and if the document must be served personally and the DFVP court considers it is impracticable for service to be proved by an affidavit of personal service or statement of police service—whether service is to be proved in another way. (sec.17-ssec.4) However, if a document is to be served outside the State but within Australia and the document may be served in accordance with the Service and Execution of Process Act 1992 (Cwlth) , the document must be served in accordance with that Act. (sec.17-ssec.5) Also, if a document is to be served within New Zealand and the document may be served in accordance with the Trans-Tasman Proceedings Act 2010 (Cwlth) , the document must be served in accordance with that Act. (sec.17-ssec.6) Nothing in this rule, or in any direction issued by a DFVP court made under these rules, authorises or requires the doing of anything in a country in which service is to be effected that is contrary to the law of the country.