Court Procedures Rules 2006

In this division:

additional authority, for a convention country, means an authority that is—

designated by the country, under the Hague Convention, article 18, to be an authority (other than the central authority) for the country; and

competent to receive requests for service abroad emanating from Australia.

applicant, for a request for service abroad or a request for service in the ACT, means the person on whose behalf service is requested.

central authority, for a convention country, means an authority that is designated by the country, under the Hague Convention, article 2, to be the central authority for the country.

certificate of service means a certificate of service that is completed for the Hague Convention, article 6.

certifying authority, for a convention country, means the central authority for the country or another authority that is designated by the country, under the Hague Convention, article 6, to complete certificates of service in the form annexed to the Hague Convention.

civil proceeding means any judicial proceeding in relation to a civil or commercial matter.

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 relates to a civil proceeding in a court of the country.

forwarding authority means—

for a request for service of a foreign judicial document in the ACT—the authority or judicial officer of the convention country in which the document originates that—

sends the request; and

is competent under the law of the country to send the request under the Hague Convention, article 3; or

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.

Hague Convention country means a country, other than Australia, that is a party to the Hague Convention.

initiating process means any document by which a proceeding, including a proceeding on a counterclaim or third-party notice, is started.

local judicial document means a judicial document that relates to a civil proceeding in the court.

registrar means the registrar of the Supreme Court.

request for service abroad means a request for service in a convention country of a local judicial document mentioned in rule 6553.

request for service in the ACT means a request for service in the ACT of a foreign judicial document mentioned in rule 6562.