Supreme Court Rules 1987

(1) Service of an originating process on a person in a foreign country is effective for the purpose of a proceeding only if:

(a) the Court has given leave under subrule (2) before the originating process is served; or

(b) the Court confirms the service under subrule (5); or

(c) the person served waives any objection to the service by filing an appearance in the proceeding.

(2) The Court may give leave to a person to serve an originating process 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 appropriate, if the Court is satisfied:

(a) the Court has jurisdiction in the proceeding; and

(b) the proceeding is of a kind mentioned in rule 7.01; and

(c) the person seeking leave has a prima facie case for the relief claimed by the person in the proceeding.

Notes for subrule (2)

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 Convention country.

(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;

(c) a statement that the proposed method of service is permitted by:

(i) if a Convention applies –

the Convention; or

(ii) if the Hague Convention applies – the Hague Convention; or

(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

(b) the service was permitted by:

(i) if a Convention applies –

the Convention; or

(ii) if the Hague Convention applies – the Hague Convention; or

(iii) in any other case –

the law of the foreign country; and

(c) the failure to apply for leave is sufficiently explained.