(cf SCR Part 11, rule 8)
(1) In any proceedings, the court may make any of the following orders on the application of a defendant--(a) an order setting aside the originating process,(b) an order setting aside the service of the originating process on the defendant,(c) an order declaring that the originating process has not been duly served on the defendant,(d) an order discharging--(i) any order giving leave to serve the originating process outside New South Wales, or(ii) any order confirming service of the originating process outside New South Wales,(e) an order discharging any order extending the validity for service of the originating process,(f) an order protecting or releasing--(i) property seized, or threatened with seizure, in the proceedings, or(ii) property subject to an order restraining its disposal or in relation to which such an order is sought,(g) an order declaring that the court has no jurisdiction over the defendant in respect of the subject-matter of the proceedings,(h) an order declining to exercise jurisdiction in the proceedings,(i) an order granting such other relief as the court thinks appropriate.
(2) Such an order may not be made unless notice of motion to apply for the order is filed by the defendant within the time limited for the defendant to enter an appearance in the proceedings.
(3) Notice of motion under subrule (2)--(a) may be filed without entering an appearance, and(b) must bear a note stating the applicant's address for service.
(4) The making of an application for an order under subrule (1) does not constitute submission to the jurisdiction of the court.