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. Part 2 Service through the diplomatic channel or under Convention Supreme Court Rules 1987 34 (3) If the Court makes an order under subrule (2), the Court may order that a document is taken to have been served when a specified event happens or on the expiry of a specified time. 7.07 Proof of service (1) This rule does not apply in relation to a document served under the Hague Convention. Order 7A, Part 2, deals with service of local judicial documents in a Hague (2) An official certificate or declaration (whether made on oath or otherwise) stating that a document has been personally served on a person in a foreign country, or served on the person in another way under the law of the foreign country, is sufficient proof of the service of the document. (3) If filed, the certificate or declaration: (a) is taken to be a record of the service of the document; and (b) has effect as if it were an affidavit of service. Part 2 Service through the diplomatic channel or under Convention 7.08 Documents to be filed with Court (1) This rule applies if a person has been given leave to serve a document on a person in a foreign country: (a) through the diplomatic channel; or (b) by transmission to a foreign government under a Convention (the relevant convention). This rule does not apply if a person has been given leave to serve a document on a person in a Hague Convention country. Service in a Hague Convention country is dealt with in Order 7A, Part 2. (2) The person given leave must file in the Registry: (a) a request for service in Form 7A; and (b) a request for transmission in Form 7B; and Supreme Court Rules 1987 35 (c) a written undertaking by the person, or the person’s legal practitioner, to pay to a Registrar the amount of the expenses incurred by the Court in giving effect to the person’s request; and (d) 2 copies (or such other number of copies required by the relevant convention) of each document to be served; and (e) if necessary, a translation into an official language of the foreign country (including a statement by the translator attesting to the accuracy of the translation) of the following: (i) the request for transmission mentioned in paragraph (b); (ii) each document to be served. 7.09 Order for payment of expenses (a) a person files an undertaking under rule 7.08(2)(c) in relation to a request for service on a person in a foreign country through the diplomatic channel or under a Convention; and (b) the person does not, within 14 days after being sent an account for expenses incurred in relation to the request, pay to a Registrar the amount of the expenses. (2) On application by a Registrar, the Court may: (a) order the person to pay the amount of the expenses to a (b) stay the proceeding, so far as it concerns the whole or any part of a claim for relief by the person, until the amount of the expenses is paid. Order 7A Service under Hague Convention Notes for Part 1 1 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 Hague 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). Supreme Court Rules 1987 36 2 This Order provides, in Part 2, for service in overseas Hague 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 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 Hague Convention countries.