Queensland Consolidated Regulations

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UNIFORM CIVIL PROCEDURE RULES 1999 - REG 125

When service allowed without leave

125 When service allowed without leave

An originating process may be served outside Australia without leave in the following circumstances—

(a) if the claim is founded on a tortious act or omission—
(i) that was done or that happened wholly or partly in Australia; or
(ii) in respect of which the damage was sustained wholly or partly in Australia;
(b) if the claim is for the enforcement, rescission, dissolution, annulment, cancellation, rectification, interpretation or other treatment of, or for damages or other relief in respect of a breach of, a contract that—
(i) was made or entered into in Australia; or
(ii) was made by or through an agent trading or residing within Australia; or
(iii) was to be wholly or in part performed in Australia; or
(iv) was by its terms or by implication to be governed by Australian law or to be enforceable or cognisable in an Australian court;
(c) if the claim is in respect of a breach in Australia of a contract, wherever made, whether or not the breach was preceded or accompanied by a breach outside Australia that rendered impossible the performance of that part of the contract that ought to have been performed in Australia;
(d) if the claim—
(i) is for an injunction to compel or restrain the performance of an act in Australia; or
(ii) is for interim or ancillary relief in respect of a matter or thing in or connected with Australia, and the relief is sought in relation to a judicial or arbitral proceeding started or to be started, or an arbitration agreement made, in or outside Australia (including, without limitation, interim or ancillary relief in relation to a proceeding under the International Arbitration Act 1974 (Cwlth) or the Commercial Arbitration Act 2013 ); or
(iii) without limiting subparagraph (ii) , is an application for a freezing order or ancillary order under chapter 8 , part 2 , division 2 in respect of a matter or thing in or connected with Australia;
(e) if the subject matter of the claim is land or other property situated in Australia, or an act, deed, will, instrument or thing affecting land or property situated in Australia, or the proceeding is for the perpetuation of testimony relating to land or property situated in Australia;
(f) if the claim relates to the carrying out or discharge of the trusts of a written instrument of which the person to be served is a trustee and that ought to be carried out or discharged according to Australian law;
(g) if relief is sought against a person domiciled or ordinarily or habitually resident in Australia (whether present in Australia or not);
(h) if a person outside Australia is—
(i) a necessary or proper party to a proceeding properly brought against another person served or to be served (whether within Australia or outside Australia) under any other provision of these rules; or
(ii) a defendant to a claim for contribution or indemnity in respect of a liability enforceable by a proceeding in the court;
(i) if the claim is for—
(i) the administration of the estate of a deceased person who at the time of the person’s death was domiciled in Australia; or
(ii) relief or a remedy that might be obtained in a proceeding mentioned in subparagraph (i) ;
(j) if the claim arises under an Australian enactment and 1 or more of the following applies—
(i) an act or omission to which the claim relates was done or happened in Australia;
(ii) any loss or damage to which the claim relates was sustained in Australia;
(iii) the enactment applies expressly or by implication to an act or omission that was done or happened outside Australia in the circumstances alleged;
(iv) the enactment expressly or by implication confers jurisdiction on the court over persons outside Australia (in which case any requirements of the enactment 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 claim 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 Australia;
(m) if it is sought to recognise or enforce a judgment;
(n) if the claim is founded on a cause of action arising in Australia;
(o) if the claim affects the person to be served in respect of the person’s membership of a corporation incorporated in Australia, or of a partnership or an association formed or carrying on any part of its affairs in Australia;
(p) if the claim concerns the construction, effect or enforcement of an Australian enactment;
(q) if the claim—
(i) relates to an arbitration held in Australia or governed by Australian law; or
(ii) is to enforce in Australia an arbitral award wherever made; or
(iii) is for orders necessary or convenient for carrying into effect in Australia the whole or any part of an arbitral award wherever made;
(r) if the claim is for relief relating to the custody, guardianship, protection or welfare of a child present in Australia or who is domiciled or ordinarily or habitually resident in Australia (whether present in Australia or not);
(s) if the claim, so far as it concerns 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 others of paragraphs (a) to (r) .
Notes—
1 See rules 178 (4) and 195 (1) (b) in relation to service under this subdivision of a counterclaim against a person not a party to a proceeding and a third party notice.
2 If a proceeding is started in the court and an originating process is served outside Australia under this rule but the court later decides it is more appropriate that the proceeding be decided by a court of another Australian jurisdiction, the court may transfer the proceeding to the other court under the Jurisdiction of Courts (Cross-vesting) Act 1987 and may make an order for costs against the party who started the proceeding in the court rather than in the transferee court.



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