Australian Capital Territory Current Regulations

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COURT PROCEDURES RULES 2006 - REG 3307

Cross-vesting—service

    (1)     Despite part 6.8 (Service), an originating process by which a cross-vesting law is relied on may be served outside the ACT.

    (2)     If a defendant served outside the ACT under subrule (1) does not file a notice of intention to respond or defence, the plaintiff must not take a further step in the proceeding unless the court gives leave to proceed.

    (3)     The court must not give leave to proceed unless satisfied that—

        (a)     jurisdiction under a cross-vesting law is being relied on; and

        (b)     the court is a convenient court in which to decide the matter.

    (4)     An application for leave to proceed must be made by application in the proceeding or it may be included in the application for directions under rule 3308.

Note     Pt 6.2 (Applications in proceedings) applies to an application for leave to proceed.

    (5)     An order giving leave to proceed does not prevent the court from later transferring the proceeding to another court.



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