Australian Capital Territory Current Regulations Australian Capital Territory Current RegulationsAn originating process may be served out of Australia on a person without the court's leave in the following circumstances:
(a) if the proceeding is based on a tortious act or omission—
(i) which was done or which happened wholly or partly in the ACT; or
(ii) in relation to which the damage was sustained wholly or partly in the ACT;
(b) if the proceeding is for the enforcement, rescission, dissolution, annulment, cancellation, rectification, interpretation or other treatment of, or for damages or other relief in relation to a breach of, a contract which—
(i) was made or entered into in the ACT; or
(ii) was made by or through an agent trading or residing in the ACT; or
(iii) was to be wholly or in part performed in the ACT; or
(iv) was by its terms or by implication to be governed by a territory law or to be enforceable or cognisable in the court;
(c) if the proceeding is for a breach in the ACT of any contract, wherever made, whether or not that breach was preceded or accompanied by a breach out of the ACT that rendered impossible the performance of that part of the contract that ought to have been performed in the ACT;
(d) if the proceeding—
(i) is for an injunction to compel or restrain the performance of any act in the ACT; or
(ii) is for interim or ancillary relief in relation to any matter or thing in or connected with the ACT, where the relief is sought in relation to judicial or arbitral proceedings started or to be started, or an arbitration agreement made, in or outside the ACT (including without limitation interim or ancillary relief in relation to any proceedings under the International Arbitration Act 1974
(Cwlth) or the title="A2017-7">Commercial Arbitration Act 2017
); or
(iii) without limiting subparagraph (ii), is an application for a freezing order or ancillary order under subdivision 2.9.4.2 (Freezing orders) in relation to any matter or thing in or connected with the ACT;
(e) if the subject matter of the proceeding is land or other property situated in the ACT, or any act, deed, will, instrument, or thing affecting the land or property, or the proceeding is for the perpetuation of testimony relating to the 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 under territory law;
(g) if any relief is sought against any person domiciled or ordinarily or habitually resident in the ACT (whether present in the ACT or not);
(h) if any person out of the ACT is—
(i) a necessary or proper party to a proceeding properly brought against another person served or to be served, (whether in the ACT or outside the ACT) under any other provision of these rules); or
(ii) a defendant to a proceeding for contribution or indemnity in relation to a liability enforceable by a proceeding in the court;
(i) if the proceeding is for—
(i) the administration of the estate of a person who died domiciled in the ACT; or
(ii) any relief or remedy that might be obtained in a proceeding for the administration of the estate of a person who died domiciled in the ACT;
(j) if the proceeding arises under a territory law and—
(i) any act or omission to which the proceeding relates was done or occurred in the ACT; or
(ii) any loss or damage to which the proceeding relates was sustained in the ACT; or
(iii) the territory law applies expressly or by implication to an act or omission that was done or occurred outside the ACT in the circumstances alleged; or
(iv) the territory law expressly or by implication confers jurisdiction on the court over people outside the ACT (in which case any requirements of the territory 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 proceeding is made for restitution or for the remedy of constructive trust and the alleged liability of the person to be served arises out of an act or omission that was done or happened wholly or partly in the ACT;
(m) if it is sought to recognise or enforce any judgment;
(n) if the proceeding is founded on a cause of action arising in the ACT;
(o) if the proceeding affects the person to be served in relation to the person's membership of a corporation incorporated in the ACT, or of an association formed or carrying on any part of its affairs in the ACT;
(p) if the proceeding is about the construction, effect or enforcement of—
(i) an ACT law; or
(ii) a law of the Commonwealth (including an Imperial Act applying as a law of the Commonwealth) affecting property in the ACT;
(q) if the proceeding—
(i) relates to an arbitration held in the ACT or governed by territory law; or
(ii) is to enforce in the ACT an arbitral award wherever made; or
(iii) is for orders necessary or convenient for carrying into effect in the ACT 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 child present in the ACT or who is domiciled or ordinarily or habitually resident in the ACT (whether present in the ACT or not);
(s) if the proceeding, as far as it relates to the person to be served, falls partly within 1 or more of paragraphs (a) to (r) and, as to the residue, within 1 or more of the other of paragraphs (a) to (r).
Note 1 Originating process includes a document that starts a civil proceeding as well as a cross-claim or third-party claim.
Note 2 If a proceeding is started in the court and originating process is served out of Australia under this rule but the court later decides that it is more appropriate that the proceeding be determined by a court of another Australian jurisdiction, the court may transfer the proceeding to the other court under the
title="A1993-60">Jurisdiction of Courts (Cross-vesting) Act 1993and may make an order for costs against the party who started the proceeding in the court rather than in the transferee court.