Western Australian Consolidated Regulations

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RULES OF THE SUPREME COURT 1971 - ORDER 11A RULE 2

2 .         Application

        (1)         Subject to subrule (2) and Rule 3, this Order applies to the service in the State of any document originating in a Convention country and connected with civil proceedings pending before a court or other tribunal of that Convention country where a request for service (together with accompanying documents) in accordance with Rule 3 is forwarded by a competent authority — 

            (a)         to the Central Authority, which forwards it to an additional authority in the State; or

            (b)         to an additional authority in the State.

        (2)         Where the request for service is forwarded to an additional authority in the State in accordance with paragraph (1)(b) and (in the opinion of the additional authority) — 

            (a)         compliance with the request for service may infringe Australia’s sovereignty or security; or

            (b)         the document to which the request for service relates is not a judicial document,

                the additional authority shall transmit the request for service and accompanying documents to the Central Authority.

        (3)         Where the Central Authority returns the request for service and the accompanying documents to the additional authority, this Order shall then apply to the service in the State of the document to which the request relates.

        [Rule 2 inserted in Gazette 7 Feb 1992 p. 677.]



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