Declarations
Articles: 5,8,9,10,15,16,17,29
Article 5, paragraph 3 - translation requirements
Documents forwarded for service under a method prescribed in Article 5(a) and (b) must be written in or translated into English. A translation is not required where an addressee voluntarily accepts service of documents in another language and the Central or Additional Authority to which it was sent has no objection. In this circumstance, the Letter of Request must confirm that the documents forwarded for service are duly certified.
Article 8
Australia does not object to service upon a national who is not from the requesting State.
Article 9
The requirements set out in Articles 3 and 5 regarding use of the model form and translation apply for service via indirect consular channels.
Article 10, paragraph a - service by postal channels
Australia does not object to service by postal channels, where it is permitted in the jurisdiction in which the process is to be served. Documents forwarded via postal channels must be sent via registered mail to enable acknowledgement of receipt.
Article 15, paragraph 2 - default judgments
Australia accepts that a default judgment may be awarded against a defendant even if no evidence of service had been provided, if all of the conditions outlined in Article 15, paragraph 2, are satisfied.
Article 16, paragraph 3 - relief from expiration of time for appeal
An application for relief by a defendant from the effects of the expiration of the time to appeal will not be entertained if it is filed after the expiration of one year following the date of the judgment, except where it is determined otherwise by the Court seized by the matter.
Article 17
The requesting State must bear responsibility for costs incurred in the employment of a competent officer for the service of extrajudicial documents in Australia.
Article 29 - external territories
The Convention shall extend to all the States and Territories of Australia including external territories.