The applicant wife sought to serve the respondent husband in China with a family law application.
She obtained an ex parte order validating service without complying with the Hague Service Convention, arguing the Family Law Rules provided a complete code for service.
The husband appealed.
The Divisional Court allowed the appeal, holding that the Family Law Rules do not adequately cover international service and do not clearly rebut the presumption of conformity with international law.
Therefore, Rule 17.05 of the Rules of Civil Procedure applies, making compliance with the Hague Service Convention mandatory for family law proceedings.
