New South Wales Consolidated Regulations

UNIFORM CIVIL PROCEDURE RULES 2005 - REG 10.3

10.3 Service of originating process in Australia

(cf SCR Part 10, rule 2B)

(1) This rule applies to proceedings in the Supreme Court.

(2) Subject to this Part, originating process may be served anywhere in Australia, whether in New South Wales or elsewhere.

(3) An originating process for service in Australia, but outside New South Wales, must bear a statement either that the plaintiff intends to proceed under the Service and Execution of Process Act 1992 of the Commonwealth or that the plaintiff intends to proceed under the Uniform Civil Procedure Rules 2005 .

(4) The plaintiff may proceed otherwise than in accordance with the intention stated under subrule (3), but only with the leave of the court.