Relevant Australian legislation

This is not an exhaustive list of all relevant legislation.

Service in Australia

New South Wales

  • Uniform Civil Procedure Rules 2005
    • Part 11: Service of documents outside Australia and service of external process
    • Part 11A, Division 4: Service under the Hague Convention—Local service of foreign judicial documents

Victoria

Queensland

  • Uniform Civil Procedure Rules 1999 (QLD)
    • Chapter 4: Service (Generally in Queensland)
    • Chapter 4, Part 7, Division 3: Service under the Hague Convention
    • Chapter 4, Part 7, Division 4: Service of foreign legal process in Queensland other than under the Hague Convention

Western Australia

  • Rules of the Supreme Court 1971 (WA)
    • Order 11: Service of foreign process
    • Order 11A, Division 4: Service under the Hague Convention—Local service of foreign judicial documents

South Australia

  • Supreme Court Civil Rules 2006 (SA)
    • Chapter 3, Part 4, Division 4, Sub Division 4: Service under the Hague Convention—Local service of foreign judicial documents
    • Chapter 2, Part 4, Division 7: Service of documents on behalf of courts and tribunals in countries which are not parties to the Hague Convention
  • Supreme Court Rules 1987 (SA) (actions commenced before 4 September 2006)
    • Rule 16: Service of Foreign Process—Service of civil process from a foreign Court or tribunal where no Convention
    • Rule 17: Service in South Australia Pursuant To Convention and a Request—service of civil process from a foreign Court or tribunal where there is a Convention

Tasmania

  • Supreme Court Rules 2000 (Tas)
    • Part 7, Division 9: Proceedings—Service (Service in Tasmania generally)
    • Part 38: Service of foreign process
    • Part 38A, Division 4: Service under the Hague Convention—Local service of foreign judicial documents

Australian Capital Territory

  • Court Procedures Rules 2006 (ACT)
    • Rules 6540 to 6542: Service of foreign legal process in the ACT
    • Rules 6562 to 6565: Service under the Hague Convention—Local service of foreign judicial documents

Northern Territory

  • Supreme Court Rules (NT)
    • Order 80: Service of foreign process
    • Order 7A, Part 4: Service under Hague Convention—Local service of foreign judicial documents

Service overseas

The service of the Australian court process in foreign jurisdictions is governed by the rules of the supreme court in each state and territory, and the rules of federal courts. The rules are generally applicable to countries with which we have a convention or agreement and with and those countries where no convention exists.

Federal courts

High Court of Australia

Family Court of Australia

  • Family Law Rules 2004 (CTH)
    • Chapter 7: Service (Service generally for the Family Court of Australia)
    • Part 7.6: Service in non-convention country
  • Family Law Regulations 1984 (CTH)
    • Part II AB—Service under the Hague Service Convention
    • Part II AC—Service in countries that are parties to conventions other than the Hague Service Convention

Federal Court of Australia

  • Federal Court Rules 2011 (CTH)
    • Chapter 2, Part 10, Division 10.4: Service outside Australia
    • Chapter 2, Part 10, Division 10.5: Service through diplomatic channel or by transmission to foreign government
    • Chapter 2, Part 10, Division 10.6: Service under Hague Convention

Federal Circuit Court

State and territory supreme courts

New South Wales

  • Uniform Civil Procedure Rules 2005 (NSW)
    • Part 11: Service of documents outside Australia and service of external process
    • Part 11A, Division 2: Service under the Hague Convention—Service abroad of local judicial documents

Victoria

Queensland

  • Uniform Civil Procedure Rules 1999 (Qld)
    • Chapter 4, Part 7, Division 3: Service under the Hague Convention
    • Chapter 4, Part 7, Divisions 1 & 2: Service outside Australia

Western Australia

  • Rules of the Supreme Court 1971  (WA)
    • Order 9: Service of originating process: general provisions (Service in Western Australia generally)
    • Order 10: Service out of the jurisdiction
    • Order 11A, Division 2: Service abroad of local judicial documents

South Australia

  • Supreme Court Civil Rules 2006 (SA)
    • Chapter 3, Part 4: Service of originating process outside Australia
    • Chapter 4, Part 2, Division 7: Service of documents on behalf of courts and tribunals in countries which are not parties to the Hague Convention
    • Chapter 3, Part 4, Division 4, Sub-Division 2: Service under the Hague Convention—Service abroad of local judicial documents
  • Supreme Court Rules 1987 (SA) (actions commenced before 4 September 2006)
    • Rules 18 to 20: Service out of the Jurisdiction

Tasmania

  • Supreme Court Rules 2000 (Tas)
    • Part 7, Division 10: Proceedings—Service of originating process outside Australia
    • Part 38A, Division 2: Service under the Hague Convention—Service abroad of local judicial documents

Australian Capital Territory

  • Court Procedures Rules 2006 (ACT)
    • Division 6.8.9: Service outside Australia—general
    • Division 6.8.10: Service of subpoenas in New Zealand
    • Rules 6552 to 6557: Service under the Hague Convention—Service abroad of local judicial documents

Northern Territory

  • Supreme Court Rules (NT)
    • Order 7: Service outside Australia
    • Order 7, Part 2: Service under Hague Convention—Service abroad of local judicial documents

Enforcement of judgments

Commonwealth

New South Wales

Victoria

Queensland

South Australia

Western Australia

Tasmania

Australian Capital Territory

Northern Territory