2Order 7A, Part 2, deals with service of local judicial documents in a Hague

2 Order 7A, Part 2, deals with service of local judicial documents in a Hague (3) The evidence on an application for leave under subrule (2) must include the following: (a) the name of the foreign country where the person to be served is or is likely to be; (b) the proposed method of service;

Supreme Court Rules 1987 32 (c) a statement that the proposed method of service is permitted by: (iii) in any other case – the law of the foreign country. (4) Nothing in this rule prevents the Court from giving leave to a person to give notice, in a foreign country, of a proceeding in the Court on the basis that giving the notice takes the place of serving the originating process in the proceeding. (5) If an originating process was served on a person in a foreign country without the leave of the Court, the Court may, by order, confirm the service if satisfied: (a) subrule (2)(a), (b) and (c) apply in relation to the proceeding; and (b) the service was permitted by: (iii) in any other case – the law of the foreign country; and (c) the failure to apply for leave is sufficiently explained. 7.03 Service of other documents (1) The Court may give leave to a person to serve a document (other than an originating process) issued by the Court on a person in a foreign country under a Convention, the Hague Convention, or the law of the foreign country, on the terms and conditions it considers Notes for subrule (1) 1 The law of a foreign country may permit service through the diplomatic channel or service by a private agent. 2 Order 7A, Part 2, deals with service of local judicial documents in a Hague (2) The evidence on an application for leave under subrule (1) must include the information mentioned in rule 7.02(3)(a) to (c).

Supreme Court Rules 1987 33 (3) If a document (other than an originating process) was served on a person in a foreign country without the leave of the Court, the Court may, by order, confirm the service if satisfied: (a) the service was permitted by: (iii) in any other case – the law of the foreign country; and (b) the failure to apply for leave is sufficiently explained. 7.04 Application of other Orders The other Orders of these Rules apply to service of a document on a person in a foreign country in the same way as they apply to service on a person in Australia, so far as they are: (a) relevant and not inconsistent with this Order; and (b) not inconsistent with: (iii) in any other case – the law of the foreign country. 7.05 Method of service A document that is to be served on a person in a foreign country need not be served personally if it is served on the person under the law of the foreign country. 7.06 Substituted service (1) This rule applies if an official certificate or declaration (whether made on oath or otherwise) is sent to the Court by the government or a court of a foreign country stating that attempts to serve a document on a person in the foreign country, under a Convention or the Hague Convention, or through the diplomatic channel, have not been successful. (2) On application by the person seeking service, the Court may order that specified steps be taken to bring the document to the notice of the person to be served.