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UNIFORM CIVIL PROCEDURE RULES 1999 - REG 130A Definitions for div 3

UNIFORM CIVIL PROCEDURE RULES 1999 - REG 130A

Definitions for div 3

130A Definitions for div 3

In this division—


"additional authority" , for a Hague Convention country, means an authority that is—

(a) for the time being designated by that country, under article 18 of the Hague Convention, to be an authority (other than the central authority) for that country; and
(b) competent to receive requests for service abroad emanating from Australia.

"applicant" , for a request for service abroad or for a request for service in Queensland, means the person on whose behalf service is requested.
Note—
The term applicant may have a different meaning in other provisions of these rules.

"central authority" , for a Hague Convention country, means an authority that is for the time being designated by that country, under article 2 of the Hague Convention, to be the Central Authority for that country.


"certificate of service" means a certificate of service that has been completed for article 6 of the Hague Convention.


"certifying authority" , for a Hague Convention country, means the central authority for the country or some other authority that is for the time being designated by the country, under article 6 of the Hague Convention, 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 Hague Convention country and relates to civil proceedings in a court of that country.


"forwarding authority" means—
(a) for a request for service of a foreign judicial document in Queensland—the authority or judicial officer of the Hague Convention country in which the document originates that forwards the request (being an authority or judicial officer that is competent under the law of that country to forward a request for service under article 3 of the Hague Convention); or
(b) for a request for service of a local judicial document in a Hague 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, including a counterclaim and a third party notice, by which a proceeding is commenced.


"local judicial document" means a judicial document relating to a civil proceeding in the Supreme Court, the District Court or a Magistrates Court.


"registrar" means the registrar of the Supreme Court.


"request for service abroad" means a request for service in a Hague Convention country of a local judicial document mentioned in rule 130D .


"request for service in Queensland" means a request for service in Queensland of a foreign judicial document mentioned in rule 130M (1) .