Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
AIA Australia Ltd v Richards [2017] FCA 84 File number: NSD 1853 of 2016
Judge: ALLSOP CJ
Date of judgment: 10 February 2017
Catchwords: PRACTICE AND PROCEDURE – where the applicant seeks leave to serve the respondent in Latvia – whether proposed manner of service permitted by Hague Service Convention – whether requirements in r 10.4(3) and (4) of the Federal Court Rules 2011 (Cth) satisfied – application granted
Legislation: Federal Court Rules 2011 (Cth) rr 10.42, 10.43 Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters. Opened for signature 15 November 1965. 658 UNTS 163 arts 5, 8, 10. (entered into force 1 November 2010)
Cases cited: Bell v Steele [2011] FCA 1390; 198 FCR 291 Deputy Commissioner of Taxation v Cheung Kong Infrastructure Holdings Ltd [2013] FCA 707; 96 ATR 44 Deputy Commissioner of Taxation v Power Assets Holdings Ltd (previously known as Hongkong Electric Holdings Ltd) [2013] FCA 708; 96 ATR 51 Kadam v MiiResorts Group 1 Pty Ltd (No 2) [2016] FCA 1343
Davies M, Bell AS, Brereton PLG, Nygh's Conflict of Laws in Australia (9th ed, LexisNexis Butterworths, 2014) Practical Handbook on the Operation of the Hague Service Convention (Permanent Bureau of the Hague Conference on Private International Law, 2006)
Date of hearing: 6 February 2017
Registry: New South Wales
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: Commercial Contracts, Banking, Finance and Insurance Insurance List
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