Private international law
Lawyers and their clients often face the prospect of litigation in foreign jurisdictions. This area of law is called ‘Private International Law’ or ‘Conflict of Laws’.
The Private International Law Section of the Australian Government Attorney-General’s Department provides information and assistance to governments, practitioners and members of the public on procedures for transmitting documents for service, taking of evidence for foreign proceedings, the enforcement of foreign judgments and jurisdictional issues.
The Department also works to promote international cooperation on civil legal procedures.
The Australian Government Attorney-General's Department may be able to provide information and assistance on a range of private international law matters, including the:
a) Service of Foreign Court Process in Australia
b) Service of Australian Court Process Abroad
The permitted methods for serving Australian court documents in a foreign country depend upon:
- the Court Rules of the relevant Australian jurisdiction which regulate service abroad, and
- the domestic laws of the foreign country.
A list of relevant legislation can be accessed from the menu under ‘Relevant State and Territory legislation’. The information sheets accessible from the main menu under ‘A-Z Country list’ provide information on the procedures that the foreign country will allow. The information sheets also provide information on enforcement of judgments.
c) The Taking of Evidence in Australia for use in Foreign Proceedings
d) The Taking of Evidence in Foreign Jurisdictions for use in Australian Court Proceedings
The information sheets on the taking of evidence in foreign jurisdictions are currently being updated. Please contact the Australian Government Attorney-General's Department if you require assistance.
Australia is a party to the Hague Convention on the Taking of Evidence Abroad in Civil or Commercial Matters. This Convention provides procedures for the taking of evidence between foreign countries which are parties to the Convention.