Document ID: chunk:federal_register_of_legislation:F2024C00519:reg:4:p23
Version: federal_register_of_legislation:F2024C00519
Segment Type: reg
Provision Reference: reg 4 (pt 23/43)
Character Range: 167177–169865

for a breach in Australia of any contract, wherever made, whether or not that breach was preceded or accompanied by a breach outside Australia that rendered impossible the performance of that part of the contract that ought to have been performed in Australia;
 (d) if the proceeding:
 (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 or any proceedings under a law of a State or Territory relating to commercial arbitration in relation to which the Court may exercise jurisdiction); or
 (iii) without limiting subparagraph (ii), is an application for a freezing order or ancillary order under Division 7.4 in respect of any matter or thing in or connected with Australia;
 (e) if the subject matter of the proceeding 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) if the proceeding 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 the law of the Commonwealth, a State or a Territory;
 (g) if any relief is sought against any person domiciled or ordinarily or habitually resident in Australia (whether present in Australia or not);
 (h) if any person outside 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 respondent to a proceeding seeking contribution or indemnity in respect of a liability enforceable by a proceeding in the Court;
 (i) if the proceeding is for:
 (i) the administration of the estate of any deceased person who died domiciled in Australia; or
 (ii) any relief or remedy that might be obtained in any such proceeding;
 (j) if the proceeding arises under a law of the Commonwealth, a State or a 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