AIA Australia Ltd v Richards

The applicant, AIA Australia Limited, sought leave to serve the respondent, Mr. Richards, in Latvia, as part of a legal dispute concerning insurance matters. The case was heard in the Federal Court of Australia. The primary issue before the court was whether the proposed method of service was permissible under the Hague Service Convention and whether it met the specific requirements outlined in rules 10.4(3) and 10.4(4) of the Federal Court Rules 2011.

The court examined the proposed method of service, which involved sending the relevant documents by international registered post with an acknowledgement of receipt and providing a translation into Latvian. The court assessed whether this method complied with the provisions of Article 10(a) of the Hague Service Convention. Additionally, it considered whether the requirements of rules 10.4(3) and 10.4(4) of the Federal Court Rules 2011 were satisfied. After careful consideration, the court determined that the proposed method of service was compliant with both the Hague Service Convention and the relevant rules of the Federal Court.

The court granted the applicant's application, allowing it to serve the amended originating application, amended statement of claim, and affidavits on the respondent in Latvia. The court ordered that the documents be sent by international registered post with an acknowledgement of receipt and that a translation into Latvian accompany the documents. The proceeding was also listed for further case management on a specified date.