Is Australia a member of the Hague Convention?
Attorneys and paralegals frequently ask “Is Australia a member of the Hague Convention?” The short answer is yes. However, the question is a bit more complicated than a simple yes.
The “Hague Convention” is a term that is used interchangeably for several different treaties that many countries are parties to. Overall, there are 42 “Hague Conventions”. The most commonly referred to treaty is the Service Treaty. The full name is The Convention of 15 November 1965 on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters. So when asking about the Service Convention, yes, Australia is a member.
This means that process service in Australia must conform to the protocols and requirements of the Convention. This is mandated by international law and the Supreme Court of the United States. However, Australia has gone one step further and declares that the only valid service is service through Article 5 of the Convention. Thus, Australia’s central authority is the only recognized agency for service. Even further, Australia has special requirements for their pleadings and transmittal of the service documents. Failure to comply with Australia’s requirements means you will lose time and money.
When you have a service request for Australia, make sure to hire someone that knows Australia’s rules. Australia routinely sends documents back to attorneys for failure to comply. Ancillary Legal knows how to avoid this problem.
Ancillary has decades of experience serving process in Australia. We have relationships with their agents and know exactly what they need for service. Ancillary guarantees its translations and submissions to Australia for accuracy to Australia’s specific requirements. We are happy to help you serve documents in Australia, with competitive prices, attorney reviewed documents, and decades of knowledge to make sure your request is not returned for improper submission.