Australian Capital Territory Current Regulations Australian Capital Territory Current Regulations(1) This rule applies if a person living or carrying on a business outside the ACT (the principal ) enters into a contract in the ACT through an agent living or carrying on business in the ACT.
Note This rule does not apply to a criminal proceeding (see r 4006 (Criminal proceedings—application of pt 6.8)).
(2) The court may, without deciding the agent's authority or business relationship with the principal, give leave to a person to serve an originating process or notice of appeal relating to a proceeding arising out of the contract on the agent.
Note Pt 6.2 (Applications in proceedings) applies to an application for leave.
(3) If the court gives leave under subrule (2), the court must state the time within which the principal must file a notice of intention to respond or defence.
(4) If the person serves the originating process or notice of appeal on the agent under this rule, the person must immediately send to the principal by prepaid post, addressed to the principal, at the principal's address outside the ACT, or by email, a copy—
(a) of the originating process or notice of appeal; and
(b) of the order giving leave under subrule (2).