Document ID: chunk:federal_register_of_legislation:F2024C00519:reg:4:p25
Version: federal_register_of_legislation:F2024C00519
Segment Type: reg
Provision Reference: reg 4 (pt 25/43)
Character Range: 172004–174734

and an originating application is served outside Australia under this rule but the Court later decides that it is more appropriate that the proceeding be determined by another court, 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 that relate to the conduct of the proceeding before the transfer.

10.43  When an originating application may be served outside Australia with leave
 (1) In any proceeding, if service is not allowed under rule 10.42, an originating application, together with each document required to accompany the application by rule 8.05, rule 10.43B or any other rule of the Court, may be served outside Australia with the leave of the Court.
 (2) An application for leave under this rule must be made on notice to every party other than the party intended to be served.
 (3) An application for leave under this rule must be accompanied by an affidavit stating any facts or matters related to the desirability of the Court assuming jurisdiction, including the place or country in which the person to be served is or possibly may be found, and whether or not the person to be served is an Australian citizen.
 (4) The Court may give leave if satisfied that:
 (a) the proceeding has a real and substantial connection with Australia; and
 (b) Australia is an appropriate forum for the proceeding; and
 (c) in all the circumstances the Court should exercise jurisdiction.
 (5) A sealed copy of every order made under this rule must be served with the document to which it relates.

10.43A  Court's discretion whether to exercise jurisdiction
 (1) On application by a person on whom an originating application has been served outside Australia, the Court may dismiss or stay the proceeding or set aside service of the originating application.
 (2) Without limiting subrule (1), the Court may make an order under this rule if satisfied that:
 (a) service of the originating application is not authorised by these Rules; or
 (b) Australia is an inappropriate forum for the proceeding; or
 (c) the claim has insufficient prospects of success to warrant putting the person served outside Australia to the time, expense and trouble of defending it.

10.43B  Notice to person served outside Australia
  If a person is to be served outside Australia with an originating application, the person must also be served with a notice, in accordance with Form 26A, informing the person of:
 (a) the scope of the jurisdiction of the Court in respect of proceedings against persons who are served outside Australia; and
 (b) the grounds alleged by the applicant to found jurisdiction; and
 (c) the person's right to challenge service