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Service and Execution of Process

NCJ Number
Date Published
539 pages
This report examines Australia's current Service and Execution of Process Act and proposes reforms.
The Service and Execution of Process Act specifies procedures for beginning civil and criminal proceedings in States and Territories to be served outside the jurisdictions throughout Australia. It also provides that other legal process, including process to secure witnesses, may be served throughout Australia. It establishes procedures for the execution of warrants for the apprehension of persons throughout Australia and provides a procedure by which a judgment given by a court of one State or territory may be enforced in another State or Territory. Due to legal developments and the far-reaching social, technological, economic, and commercial changes that have occurred in Australia since federation, the Law Reform Commission recommends major changes to the schemes established by the act. These include changes in the procedures for interstate service and execution of process presently within the scope of the act and in the procedures for interstate enforcement of judgments. The commission also recommends broadening the scope of the act to enable interstate service and execution of the process of tribunals and interstate enforcement of the decisions of tribunals. For convenience, a new act, titled the Interstate Procedure Act, has been drafted to implement the commission's recommendations. Table of cases, table of legislation, subject index, and 72-item bibliography.