Queensland Consolidated Regulations

UNIFORM CIVIL PROCEDURE RULES 1999 - REG 126

126 When service allowed with leave

(1) The court may, by leave, allow service outside Australia of an originating process if service is not allowed under rule 125 .

(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) Also, 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—

(a) the place or country in which the person to be served is or possibly may be found; and

(b) whether or not the person to be served is an Australian citizen.

(4) The court may grant leave under this rule if satisfied—

(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.

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