RULES OF THE SUPREME COURT 1971 - ORDER 11 RULE 5

RULES OF THE SUPREME COURT 1971 - ORDER 11 RULE 5

5 .         Consequential orders

                Upon the application of the State Solicitor, with the consent of the Attorney General, the Court may make all such orders for substituted service or otherwise as are necessary to give effect to the rules of this Order.

        [Rule 5 amended: Gazette 19 Apr 2005 p. 1298.]

        [Heading inserted: Gazette 3 Jul 2009 p. 2685.]

        [Heading inserted: Gazette 3 Jul 2009 p. 2685.]

        Note:

        1.         This Order forms part of a scheme to implement Australia’s obligations under the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters . Under the Convention, the Attorney‑General’s Department of the Commonwealth is designated as the Central Authority (under Article 2 of the Convention) and certain courts and government departments are, for certain purposes, designated as “other” or “additional” authorities (under Article 18 of the Convention).

        2.         This Order provides (in Division 2) for service in overseas Convention countries of local judicial documents (documents that relate to proceedings in the Court) and (in Division 3) for default judgment in proceedings in the Court after service overseas of such a document. Division 4, on the other hand, deals with service by the Court or arranged by the Court in its role as an other or additional authority, of judicial documents emanating from overseas Convention countries.

        3.         Information about the Hague Convention, including a copy of the Hague Convention, a list of all Contracting States, details of declarations and reservations made under the Hague Convention by each of those States and the names and addresses of the central and other authorities of each of those States can be found at the website of the Hague Conference on Private International Law.

        [Note amended: SL 2020/242 r. 4.]