Commonwealth Consolidated Regulations

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FEDERAL COURT RULES 2011 - RULE 10.42

When originating application may be served outside Australia

                   Subject to rule 10.43, an originating application, or an application under Part 7 of these Rules, may be served on a person in a foreign country in a proceeding that consists of, or includes, any one or more of the kinds of proceeding mentioned in the following table.

 

Item

Kind of proceeding in which originating application may be served on a person outside Australia

1

Proceeding based on a cause of action arising in Australia

2

Proceeding based on a breach of a contract in Australia

3

Proceeding in relation to a contract that:

(a) is made in Australia; or

(b) is made on behalf of the person to be served by or through an agent who carries on business, or is resident, in Australia; or

(c) is governed by the law of the Commonwealth or of a State or Territory;

in which the applicant seeks:

(d) an order for the enforcement, rescission, dissolution, rectification or annulment of the contract; or

(e) an order otherwise affecting the contract; or

(f) an order for damages or other relief in relation to a breach of the contract

4

Proceeding based on a tort committed in Australia

5

Proceeding based on, or seeking the recovery of, damage suffered wholly or partly in Australia caused by a tortious act or omission (wherever occurring)

6

Proceeding in Australia seeking the construction, rectification, setting aside or enforcement of:

(a) a deed, will or other instrument; or

(b) a contract, obligation or liability

affecting property in Australia

7

Proceeding seeking the execution of a trust governed by a law of the Commonwealth, or of a State or Territory, or associated relief

8

Proceeding that affects the person to be served in relation to the person's membership of a corporation that carries on business in Australia or is registered in a State or Territory as a foreign company

9

Proceeding in relation to an arbitration carried out in Australia

10

Proceeding for an order under Division 28.5 in relation to an arbitration under the International Arbitration Act 1974

11

Proceeding in which the Court has jurisdiction, seeking relief in relation to the guardianship, protection, or care, welfare and development of a person under 18 years (whether or not the person is in Australia)

12

Proceeding based on a contravention of an Act that is committed in Australia

13

Proceeding based on a contravention of an Act (wherever occurring) seeking relief in relation to damage suffered wholly or partly in Australia

14

Proceeding in relation to the construction, effect or enforcement of an Act, regulations or any other instrument having, or purporting to have, effect under an Act

15

Proceeding seeking any relief or remedy under an Act, including the Judiciary Act 1903

16

Proceeding in relation to the effect or enforcement of an executive, ministerial or administrative act done, or purporting to be done, under an Act, regulations or any other instrument having, or purporting to have, effect under an Act

17

Proceeding seeking contribution or indemnity in relation to a liability enforceable by a proceeding in the Court

18

Proceeding in which:

(a) the person to be served is domiciled or ordinarily resident in Australia; or

(b) if the person to be served is a corporation--the corporation is incorporated in Australia, carries on business in Australia or is registered in a State or Territory as a foreign company

19

Proceeding in which the person to be served has submitted to the jurisdiction of the Court

20

Proceeding properly brought against a person who is served, or is to be served, in Australia, if the person to be served has been properly joined as a party

21

Proceeding in which the subject matter, to the extent that it concerns the person to be served, is property in Australia

22

Proceeding seeking the perpetuation of testimony in relation to property in Australia

23

Proceeding seeking an injunction ordering a person to do, or to refrain from doing, anything in Australia (whether or not damages are also sought)

24

Proceeding affecting the person to be served in relation to:

(a) the person's membership of, or office in, a corporation incorporated, or carrying on business, in Australia; or

(b) the person's membership of, or office in, an association or organisation formed, or carrying on business, in Australia; or

(c) the person's conduct as a member or officer of such a corporation, association or organisation



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