Western Australian Consolidated Regulations Western Australian Consolidated Regulations (1) Subject to
Rule 9(9) and to the following provisions of this Rule Order 9
Rule 1 and Order 72 Rule 4 shall apply in relation to the service of
a writ or notice of a writ, notwithstanding that the writ or notice is to be
served out of the jurisdiction.
(2) Nothing in this
Rule or in any order or direction of the Court made by virtue of it shall
authorise or require the doing of anything in a country in which service is to
be effected which is contrary to the law of that country.
(3) A writ or notice
of a writ which is to be served out of the jurisdiction —
(a) need
not be served personally on the person required to be served, if it is served
on him in accordance with the law of the country in which service is effected;
and
(b) need
not be served by the plaintiff or his agent if it is served by a method
provided for by Rule 9.
(4) Rule 9 shall
not apply to or render invalid or insufficient any mode of service in any
foreign country with which a Convention has been or shall be made which is
otherwise valid or sufficient according to the procedure of the Supreme Court
and which is not expressly excluded by the Convention.