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Serving legal documents overseas
The Supreme Court of Victoria is an additional authority in Australia under the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil and Commercial Matters 1965 (Hague Service Convention).
It provides a simplified and efficient means for parties to serve legal documents between two countries party to the convention, without the use of consular and diplomatic channels.
Information about the documents required and the process for service of Victorian judicial and extrajudicial documents abroad is contained in section 80.02 of the Supreme Court (General Civil Procedure) Rules 2005.
Information about the service of foreign judicial documents within Victoria can be found in section 80.13 of the Supreme Court (General Civil Procedure) Rules 2005.
When making a request for service abroad of judicial or extrajudicial documents, parties must complete a Form 80A and Form 80B. These forms can be found on the Hague website (External link).
When completing the Form 80A:
- In the box: ‘Identity and Address of Applicant’, insert the Supreme Court Prothonotary’s Office details.
- In the box: ‘Address of Receiving Authority’, insert the contact address provided on the Hague website of the country where the document will be served.
Documents that are required when making a request for service abroad of judicial or extrajudicial documents include:
- A Form 80A certificate
- A Form 80B summary of documents
- Three copies of the documents you require to be served
- Certified translations, if the documents are in a language other than English, or are going to a country where a language other than English is the official language. Refer to rule 80.04(5) of the Supreme Court Rules 2005.
Details about methods of service, costs, estimated time frames and contacts for each country that is a signatory to the Hague Convention, can be found on the Hague Convention website (External link).
The process of service to a country that is not a signatory to the Hague Convention can be found in part 2 of order 7 of the Supreme Court (General Civil Procedure) Rules 2005.
For any further enquiries, please contact the Registry.