Commonwealth Numbered Regulations

1979 No. 140 FEDERAL COURT RULES - RULE 8.1

1. Subject to rule 2, originating process may be served outside the
Commonwealth in the following cases:

   (a)  where the proceeding is founded on a cause of action arising in the
        Commonwealth;

   (b)  where the proceeding is founded on a breach of an Act, where the
        breach is committed in the Commonwealth;

   (c)  where the proceeding is founded on a breach, wherever occurring, of an
        Act, and is brought in respect of, or for the recovery of, damage
        suffered wholly or partly in the Commonwealth;

   (d)  where the proceeding is for contribution or indemnity in respect of a
        liability enforceable by a proceeding in the Court;

   (e)  where the person to be served is domiciled, incorporated or ordinarily
        resident in the Commonwealth, or being a corporation carries on
        business in the Commonwealth or is registered in any State or
        Territory as a foreign company;

   (f)  where the proceeding is a proceeding in respect of which the person to
        be served has submitted to the jurisdiction of the Court;

   (g)  where the proceeding is properly brought against a person served or to
        be served in the Commonwealth and the person to be served outside the
        Commonwealth is properly joined as a party to the proceeding;

   (h)  where the subject matter of the proceeding, so far as concerns the
        person to be served is property in the Commonwealth;

        (i)    where the proceeding is for the perpetuation of testimony
               relating to property in the Commonwealth;

   (j)  where the proceeding is for an injunction as to anything to be done in
        the Commonwealth or against the doing of any act in the Commonwealth,
        whether damages are also sought or not;

   (k)  where the proceeding affects the person to be served in respect of-

        (i)    his membership of or office within a corporation incorporated
               or carrying on business within the Commonwealth;

        (ii)   his membership of or office within an association or
               organization formed or carrying on the whole or part of its
               affairs within the Commonwealth; or

        (iii)  his conduct as a member or officer of such corporation,
               association or organization;

(1) where the proceeding concerns the construction, effect or enforcement of
an Act or a regulation or other instrument having or purporting to have effect
under an Act;

   (m)  where the proceeding concerns the effect or enforcement of an
        executive, ministerial or administrative act done or purporting to be
        done under an Act or regulation or other instrument having or
        purporting to have effect under an Act;

   (n)  where the proceeding, so far as concerns the person to be served,
        falls partly within one of the foregoing paragraphs and falls, as to
        the residue, within one or more of the others of the foregoing
        paragraphs.