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UNIFORM CIVIL PROCEDURE RULES 1999 - REG 127
Court’s discretion whether to assume jurisdiction
127 Court’s discretion whether to assume jurisdiction
(1) On application by a person on whom an originating process has been served
outside Australia, the court may dismiss or stay the proceeding or set aside
service of the originating process.
(2) Without limiting subrule (1) , the
court may make an order under this rule if satisfied— (a) service of the
originating process is not authorised by these rules; or
(b) the court is an
inappropriate forum for the trial of the proceeding; or
(c) the claim has
insufficient prospects of success to warrant putting the person served outside
Australia to the time, expense and trouble of defending the claim.
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