New South Wales Consolidated Regulations

UNIFORM CIVIL PROCEDURE RULES 2005 - REG 11.5

11.5 When allowed with leave

(1) In any proceeding when service is not allowed under Schedule 6, an originating process may be served outside of Australia with the leave of the court.

(2) An application for leave under this rule must be made on notice to every party other than the person intended to be served.

(3) A sealed copy of every order made under this rule must be served with the document to which it relates.

(4) An application for leave under this rule must be supported by an affidavit stating any facts or matters related to the desirability of the court assuming jurisdiction, including the place or country in which the person to be served is or possibly may be found, and whether or not the person to be served is an Australian citizen.

(5) The court may grant an application for leave if satisfied that--

(a) the claim has a real and substantial connection with Australia, and

(b) Australia is an appropriate forum for the trial, and

(c) in all the circumstances the court should assume jurisdiction.