New South Wales Consolidated Regulations

UNIFORM CIVIL PROCEDURE RULES 2005 - REG 11.6

11.6 Court's discretion whether to assume jurisdiction

(1) On application by a person on whom an originating process has been served outside of Australia, the court may dismiss or stay the proceeding or set aside service of the originating process.

(2) Without limiting subrule (1), the court may make an order under this rule if satisfied--

(a) that service of the originating process is not authorised by these rules, or

(b) that the court is an inappropriate forum for the trial of the proceeding, or

(c) that the claim has insufficient prospects of success to warrant putting the person served outside Australia to the time, expense and trouble of defending the claim.