Victorian Consolidated Regulations Victorian Consolidated RegulationsAn originating process may be served out of Australia without leave in the following cases—
(a) when the claim is founded on a tortious act or omission—
(i) which was done or which occurred wholly or partly in Victoria; or
(ii) in respect of which the damage was sustained wholly or partly in Victoria;
(b) when 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 which—
(i) was made or entered into in Victoria; or
(ii) was made by or through an agent trading or residing within Victoria; or
(iii) was to be wholly or in part performed in Victoria; or
(iv) was by its
terms or by implication
to be governed by Victorian law or to be
enforceable or cognizable in a Victorian court;
(c) when the claim is in respect of a breach in Victoria of any contract, wherever made, whether or not that breach was preceded or accompanied by a breach out of Victoria that rendered impossible the performance of that part of the contract that ought to have been performed in Victoria;
(d) when the claim—
(i) is for an injunction to compel or restrain the performance of any act in Victoria; or
(ii) is for interim or ancillary relief in respect of any matter or thing in or connected with Victoria, where such relief is sought in relation to judicial or arbitral proceedings commenced or to be commenced, or an arbitration agreement made, in or outside Victoria; or
(iii) without limiting subparagraph (ii), is an application for a freezing order or ancillary order under Order 37A in respect of any matter or thing in or connected with Victoria;
(e) when the subject matter of the claim is land or other property situated in Victoria, or any act, deed, will, instrument, or thing affecting such land or property, or the proceeding is for the perpetuation of testimony relating to such land or property;
(f) when the claim relates to the carrying out or discharge of the trusts of any written instrument of which the person to be served is a trustee and which ought to be carried out or discharged according to Victorian law;
(g) when any relief is sought against any person domiciled or ordinarily or habitually resident in Victoria (whether present in Victoria or not);
(h) when any person out of Australia is—
(i) a necessary or proper party to a proceeding properly brought against another person served or to be served (whether within Victoria or outside Victoria) 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) when the claim is for the administration of the estate of any deceased person who at the time of death was domiciled in Victoria or is for any relief or remedy which might be obtained in any such proceeding;
(j) when the claim arises under an Australian enactment and—
(i) any act or omission to which the claim relates was done or occurred in Victoria; or
(ii) any loss or damage to which the claim relates was sustained in Victoria; or
(iii) the enactment applies expressly or by implication to an act or omission that was done or occurred outside Australia in the circumstances alleged; or
(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) when the person to be served has submitted to the jurisdiction of the Court;
(l) when 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 occurred wholly or partly in Victoria;
(m) when it is sought to recognise or enforce any judgment;
(n) when the claim is founded on a cause of action arising in Victoria;
(o) when the claim affects the person to be served in respect of the person's membership of a corporation incorporated in Victoria, or of a partnership or an association formed or carrying on any part of its affairs in Victoria;
(p) when the claim concerns the construction, effect or enforcement of a Victorian enactment;
(q) when the claim—
(i) relates to an arbitration held in Victoria or governed by Victorian law; or
(ii) is to enforce in Victoria an arbitral award wherever made; or
(iii) is for orders necessary or convenient for carrying into effect in Victoria the whole or any part of an arbitral award wherever made;
(r) when the claim is for relief relating to the custody, guardianship, protection or welfare of a minor present in Victoria or who is domiciled or ordinarily or habitually resident in Victoria (whether present in Victoria or not);
(s) when the claim, so far as concerns the person to be served, falls partly within one or more of the above paragraphs and, as to the residue, within one or more of the others of the above paragraphs.
Notes
1 Originating process includes a document that commences a proceeding as well as a counterclaim or third party claim.
2 If a proceeding is commenced in the Court and originating process is served out of Australia under this Rule but the Court later decides that it is more appropriate that the proceeding be determined by a court of another Australian jurisdiction, the Jurisdiction of Courts (Cross-vesting) Act 1987 may enable the proceeding to be transferred to the Supreme Court to make an order transferring the proceeding to that Court or to that State's Supreme Court.