TheCouncil of Chief Justices of Australia and New Zealand (Council) adopted the harmonised rules on service out of Australia (Harmonised Service Rules) on 29 April 2016.
The Harmonised Service Rules are modelled on the New Zealand rules on overseas service in Part 6, Subpart 4 of the High Court Rules 2016 (NZ) (Model Service Rules). This is because the New Zealand rules were the most recently revised of the relevant rules of jurisdictions represented on the Harmonisation of Rules Committee.
The Harmonised Service Rules cover the following topic areas regarding service out of Australia:
- Service allowed without leave
- Service allowed with leave
- Court’s discretion on whether to assume jurisdiction
- Notice to person served out of Australia
- Time for filing appearance
- Leave to proceed where no appearance
- Service of other documents out of Australia
- Mode of service
Including the Model Service Rules, harmonised rules have been implemented in the following jurisdictions:
New Zealand
| Part 6, Subpart 4 of the High Court Rules 2016 (NZ) |
Australian Capital Territory | Part 6.7, Division 6.8.9 of the Court Procedure Rules 2006 (ACT)
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New South Wales
| Part 11, Division 1A of the Uniform Civil Procedure Rules 2005 (NSW)
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Queensland | Part 7, Division 1 of the Uniform Civil Procedure Rules 1999 (Qld)
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South Australia | Schedule 1, Part 1 of the Uniform Civil Rules 2020 (SA)
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Tasmania | Part 7, Division 10 of the Supreme Court Rules 2000 (Tas)
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Victoria | Order 7, Part 1 of the Supreme Court (General Civil Procedure) Rules 2015 (Vic)
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The Federal Circuit and Family Court of Australia (Division 1) has not implemented the Harmonised Service Rules. However, see Part 2.7 of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).
Hague Service Convention
The harmonised rules regarding the Hague Service Convention are modelled on Division 10.6 of the Federal Court Rules 2011 (Cth) (Harmonised Hague Service Rules) which form part of the scheme to implement Australia’s obligations under the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters 1965 (Hague Service Convention).
The Council of Chief Justices’ Rules on Service Outside the Jurisdiction Committee developed the Harmonised Hague Service Rules in March 2008. The Harmonised Hague Service Rules were drafted by the NSW Parliamentary Counsel, and originally implemented as Order 8A of the former Federal Court Rules 1979 (Cth) and entered into effect on 1 November 2010, being the date that the Convention entered into force in Australia.
The Harmonised Hague Service Rules generally cover the following topic areas in relation to the Hague Service Convention:
- Application for request for service abroad
- How application dealt with
- Procedure on receipt of certificate of service
- Payment of costs
- Evidence of service
- Restrictions on power to enter default judgment following service abroad
- Setting aside judgment in default of appearance
- Local service of foreign judicial documents
- Certain documents to be referred to Attorney-General’s Department
- Affidavit as to service
The Harmonised Hague Service Rules have been implemented in the following jurisdictions:
Commonwealth | Division 10.6 of the Federal Court Rules 2011 (Cth) Part IIAB of the Family Court Regulations 1984 (Cth)
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Australian Capital Territory | Part 6, Division 6.8.12 of the Court Procedures Rules 2006 (ACT)
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New South Wales | Part 11A of the Uniform Civil Procedure Rules 2005 (NSW)
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Northern Territory | Order 7A of the Supreme Court Amendment Rules 2016 (NT)
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Queensland | Chapter 4, Part 7, Division 3 of the Uniform Civil Procedure Rules 1999 (Qld)
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South Australia | S Schedule 1, Part 1, Division 3 & Schedule 1, Part 3, Division 1 of the Uniform Civil Rules 2020 (SA)
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Tasmania | Part 38A of the Supreme Court Rules 2000 (Tas)
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Victoria | Order 80 of theSupreme Court (General Civil Procedure) Rules 2015 (Vic)
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Western Australia | Order 11A of the Rules of the Supreme Court 1971 (WA) |
The Federal Circuit and Family Court of Australia (Division 1) has not implemented the Harmonised Hague Service Rules. However, see Part 11AB of the Family Law Regulations 1984 (Cth) and reg. 2.49 of those Regulations.