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Division 10.6

Service under Hague Convention

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Chapter 2Original jurisdiction—proceedings generally
Part 10Service

Division 10.6 Service under Hague Convention

Note 1:

This Division 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).

Note 2:

This Division provides (in rules 10.63 to 10.68) for service in overseas Convention countries of local judicial documents (documents that relate to proceedings in the Court) and (in rules 10.69 to 10.72) for default judgment in proceedings in the Court after service overseas of such a document. Rules 10.74 to 10.76, on the other hand, deal 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.

Note 3:

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.

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