Commonwealth Numbered Regulations

1991 No. 249 FEDERAL COURT RULES (AMENDMENT) - RULE 3

  3.1   Order 8, rule 1:
After paragraph 1 (a), insert:

"(aa) where the proceeding is founded on a breach in the Commonwealth of a
contract, wherever made, whether or not the breach is preceded or accompanied
by a breach, wherever occurring, that renders impossible the performance of
any part of the contract which ought to be performed in the Commonwealth;

   (ab) where the proceeding:

        (i)    is for the enforcement, rescission, dissolution, rectification
               or annulment of a contract; or

        (ii)   otherwise affects a contract; or

        (iii)  is for damages or other relief in respect of the breach of a
               contract; and the contract:

        (iv)   is made in the Commonwealth; or

        (v)    is made on behalf of the person to be served by or through an
               agent carrying on business or residing in the Commonwealth; or

        (vi)   is governed by the law of the Commonwealth or of a State or
               Territory;

   (ac) where the proceeding is founded on a tort committed in the
        Commonwealth;

   (ad) where the proceeding is founded on, or is for the recovery of, damage
        suffered wholly or partly in the Commonwealth caused by a tortious act
        or omission, wherever occurring;

   (ae) where the proceeding is for the construction, rectification, setting
        aside or enforcement of:

        (i)    a deed, will or other instrument; or

        (ii)   a contract, obligation or liability; affecting property in the
               Commonwealth;

   (af) where the proceeding is for:

        (i)    the execution of a trust that is governed by the law of the
               Commonwealth or of a State or Territory; or

        (ii)   relief that might be granted in a proceeding for the execution
               of that trust;

   (ag) where the proceeding affects the person to be served in respect of his
        or her membership of a corporation:

        (i)    carrying on business in the Commonwealth; or

        (ii)   registered in a State or Territory as a foreign company;

   (ah) where the proceeding relates to an arbitration held in the
        Commonwealth;

   (ai) where:

        (i)    the proceeding is for relief relating to the custody,
               guardianship, protection or welfare of a minor, whether or not
               the minor is in the Commonwealth; and

        (ii)   apart from service, the Court has jurisdiction to grant
               relief;".