Commonwealth Numbered Regulations

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1979 No. 140 FEDERAL COURT RULES - RULE 8.2

Leave or confirmation
2. (1) Service outside the Commonwealth of originating process is not valid
under this Order unless-

   (a)  the service is in accordance with the prior leave of the Court given
        under sub-rule (2);

   (b)  the Court confirms the Service under sub-rule (4); or

   (c)  the person served waives objection by entering an appearance.

(2) Where the Court is satisfied of the following matters-

   (a)  that the proceeding is a proceeding in which the Court has
        jurisdiction;

   (b)  that the proceeding is a proceeding to which rule 1 applies; and

   (c)  that the applicant has a prima facie case for the relief which he
        seeks, the Court may, by order, grant leave to serve originating
        process outside the Commonwealth under this Order.

(3) The evidence on a motion for leave under sub-rule (2) shall include
evidence showing in what country or place the person to be served is, or
probably may be found.

(4) Where originating process has been served outside the Commonwealth without
a prior motion for leave under sub-rule (2), and the Court is satisfied-

   (a)  on the matters mentioned in sub-rule (2); and

   (b)  that the failure to apply for leave is sufficiently explained, the
        Court may by order confirm the service.



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