Victorian Consolidated Regulations Victorian Consolidated Regulations(1) In any proceeding when service is not allowed under Rule 7.02, an originating process may be served out of Australia with the leave of the Court.
(2) An application for leave under this Rule shall 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 shall be served with the document to which it relates.
(4) An application for leave under this Rule shall 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 Victoria; and
(b) Victoria is an appropriate forum for the trial of the proceeding; and
(c) in all the circumstances the Court should assume jurisdiction.