New South Wales Consolidated Regulations New South Wales Consolidated RegulationsAn originating process may be served outside of Australia without leave in the following cases--
(a) when the claim is founded on a tortious act or omission--(i) which was done or which occurred wholly or partly in Australia, or(ii) in respect of which the damage was sustained wholly or partly in Australia,
(b) when the claim is for the enforcement, rescission, dissolution, annulment, cancellation, rectification, interpretation or other treatment of, or for damages or other relief in respect of a breach of, a contract which--(i) was made or entered into in Australia, or(ii) was made by or through an agent trading or residing within Australia, or(iii) was to be wholly or in part performed in Australia, or(iv) was by its terms or by implication to be governed by Australian law or to be enforceable or cognizable in an Australian court,
(c) when the claim is in respect of a breach in Australia of any contract, wherever made, whether or not that breach was preceded or accompanied by a breach outside of Australia that rendered impossible the performance of that part of the contract that ought to have been performed in Australia,
(d) when the claim--(i) is for an injunction to compel or restrain the performance of any act in Australia, or(ii) is for interim or ancillary relief in respect of any matter or thing in or connected with Australia, where such relief is sought in relation to judicial or arbitral proceedings commenced or to be commenced, or an arbitration agreement made, in or outside Australia (including without limitation interim or ancillary relief in relation to any proceedings under the International Arbitration Act 1974 of the Commonwealth or the Commercial Arbitration Act 2010 ), or(iii) without limiting subparagraph (ii), is an application for a freezing order or ancillary order under Division 2 of Part 25 in respect of any matter or thing in or connected with Australia,
(e) when the subject matter of the claim is land or other property situated in Australia, or any act, deed, will, instrument, or thing affecting such land or property, or the proceeding is for the perpetuation of testimony relating to such land or property,
(f) when the claim relates to the carrying out or discharge of the trusts of any written instrument of which the person to be served is a trustee and which ought to be carried out or discharged according to Australian law,
(g) when any relief is sought against any person domiciled or ordinarily or habitually resident in Australia (whether present in Australia or not),
(h) when any person outside of Australia is--(i) a necessary or proper party to a proceeding properly brought against another person served or to be served (whether within Australia or outside Australia) under any other provision of these rules, or(ii) a defendant to a claim for contribution or indemnity in respect of a liability enforceable by a proceeding in the court,
(i) when the claim is for the administration of the estate of any deceased person who at the time of his or her death was domiciled in Australia or is for any relief or remedy which might be obtained in any such proceeding,
(j) when the claim arises under an Australian enactment and--(i) any act or omission to which the claim relates was done or occurred in Australia, or(ii) any loss or damage to which the claim relates was sustained in Australia, or(iii) the enactment applies expressly or by implication to an act or omission that was done or occurred outside Australia in the circumstances alleged, or(iv) the enactment expressly or by implication confers jurisdiction on the court over persons outside Australia (in which case any requirements of the enactment relating to service must be complied with),
(k) when the person to be served has submitted to the jurisdiction of the court,
(l) when a claim is made for restitution or for the remedy of constructive trust and the alleged liability of the person to be served arises out of an act or omission that was done or occurred wholly or partly in Australia,
(m) when it is sought to recognise or enforce any judgment,
(n) when the claim is founded on a cause of action arising in Australia,
(o) when the claim affects the person to be served in respect of his or her membership of a corporation incorporated in Australia, or of a partnership or an association formed or carrying on any part of its affairs in Australia,
(p) when the claim concerns the construction, effect or enforcement of an Australian enactment,
(q) when the claim--(i) relates to an arbitration held in Australia or governed by Australian law, or(ii) is to enforce in Australia an arbitral award wherever made, or(iii) is for orders necessary or convenient for carrying into effect in Australia the whole or any part of an arbitral award wherever made,
(r) when the claim is for relief relating to the custody, guardianship, protection or welfare of a minor present in Australia or who is domiciled or ordinarily or habitually resident in Australia (whether present in Australia or not),
(s) when the claim, so far as it concerns the person to be served, falls partly within one or more of the above paragraphs and, as to the residue, within one or more of the others of the above paragraphs.
Note 1--: Originating process includes a document that initiates a civil proceeding as well as a cross claim or third party claim.
Note 2--: If a proceeding is instituted in the court and originating process is served outside of Australia under this Schedule but the court later decides that it is more appropriate that the proceeding be determined by a court of another Australian jurisdiction, the court may transfer the proceeding to that other court under the Jurisdiction of Courts (Cross-vesting) Act 1987 and may make an order for costs against the party who instituted the proceeding in the court rather than in the transferee court.