AUSTRALIA Law and Practice Contributed by: Joachim Delaney and Ranjani Sundar, HFW
Australian courts nor object to the enforcement of any judgment rendered by an Australian court. Service of Writ out of the Jurisdiction Service of originating process outside Australia is permitted by Part 11 and assisted by Part 11A of the UCPR. Part 11A deals with the operation of the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Com - mercial Matters 1965 (the “Hague Convention” ), providing a set of uniform rules concerning the service of Australian judicial documents in civil and commercial matters to parties to the Con - vention (other than Australia). The Hague Con - vention, which came into force in Australia on 1 November 2010, offers an alternative but not mandatory method of service of judicial docu - ments outside Australia. The Trans-Tasman Pro - ceedings Act 2010 (Cth) governs service in New Zealand. 4.2 Service of Proceedings out of the Jurisdiction Service of originating process outside Australia is permitted by Part 11 and assisted by Part 11A of the UCPR. Part 11A deals with the operation of the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters 1965 (the “Hague Con - vention” ), providing a set of uniform rules con - cerning the service of Australian judicial docu - ments in civil and commercial matters to parties in countries which are subject to the Hague Con - vention (other than Australia). The Hague Con - vention, which came into force in Australia on 1 November 2010, offers an alternative but not mandatory method of service of judicial docu - ments outside Australia. The Trans-Tasman Pro - ceedings Act 2010 (Cth) governs service in New Zealand.
Under Part 11A.4 of the UCPR, a party seek - ing to serve a document overseas must make an application requesting overseas service of a local judicial document to the Registrar of the Supreme Court of NSW. The application must be accompanied by three copies of: (i) the draft request for service abroad in the approved form, (ii) the document to be served, (iii) a summary of the document to be served in the approved form, and (iv) if required, a translation of the doc - ument to be served and the summary document in the official language of the country in which the document is to be served. The draft request for service abroad needs to be addressed to the “Central Authority” , being the authority that is, for the time being, designated by the relevant Hague Convention country, under Article 2 of the Hague Convention, to be the Central Authority for that country, or to an additional authority. Similar procedures apply under the court pro - cedure rules for other Australian jurisdictions (see Supreme Court (General Procedure) Rules 2015 (Vic), Order 80; Uniform Civil Procedure Rules 1999 (Qld), Ch 4, Pt 7, Div 3; Rules of the Supreme Court 1971 (WA), Order 11A; Uniform Civil Rules 2020 (SA) Sch 1, Pt 1, Div 3 & Sch 1, Pt 3, Div 1; Supreme Court Rules (Tas), Pt 38A; Court Procedure Rules 2006 (ACT), Pt 6, Div 6.8.12; Supreme Court Amendment Rules 2016 (NT), Order 7A). For matters in the Federal Court of Australia, overseas service is permitted under Division 10.4 of the Federal Court Rules 2011 (Cth) (the “Federal Court Rules” ) and assisted by Division 10.6 of the Federal Court Rules. Rule 10.42 pro - vides a list of the kinds of proceedings in which an originating application may be served outside of Australia. Otherwise, leave must be obtained prior to serving any originating application out - side of Australia in accordance with Rule 10.43.
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