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UNIFORM CIVIL PROCEDURE RULES 1999 - REG 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) .
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