Document ID: chunk:federal_register_of_legislation:F2024C00519:reg:4:p24
Version: federal_register_of_legislation:F2024C00519
Segment Type: reg
Provision Reference: reg 4 (pt 24/43)
Character Range: 169631–172250

Territory, and:
 (i) any act or omission to which the proceeding relates was done or occurred in Australia; or
 (ii) any loss or damage to which the proceeding relates was sustained in Australia; or
 (iii) the law applies expressly or by implication to an act or omission that was done or occurred outside Australia in the circumstances alleged; or
 (iv) the law expressly or by implication confers jurisdiction on the Court over persons outside Australia (in which case any requirements of the law relating to service must be complied with);
 (k) if the person to be served has submitted to the jurisdiction of the Court;
 (l) if a claim is for restitution or for the remedy of a 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) if it is sought to recognise or enforce any judgment;
 (n) if the proceeding is founded on a cause of action arising in Australia;
 (o) if the proceeding affects the person to be served in respect of the person's 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) if the proceeding relates to the construction, effect or enforcement of a law of the Commonwealth, a State or a Territory;
 (q) if the proceeding:
 (i) relates to an arbitration held in Australia or governed by a law of the Commonwealth, a State or a Territory; 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) if the proceeding 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) if the proceeding, so far as it relates to the person to be served, falls partly within one or more of paragraphs (a) to (r) and, as to the residue, within one or more of the others of paragraphs (a) to (r).
Note 1: An originating application includes certain third party claims and other cross‑claims—see the definitions of originating application and cross‑claim in the Dictionary.
Note 2: If a proceeding is instituted in the Court 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