Victorian Consolidated Regulations Victorian Consolidated Regulations(1) On application by a person on whom an originating process has been served out of Australia, the Court may by order set aside the originating process or its service on the person or dismiss or stay the proceeding.
(2) Without limiting paragraph (1), the Court may make an order under this Rule if satisfied—
(a) that service out of Australia of the originating process is not authorised by these Rules; or
(b) that the Court is an inappropriate forum for the trial of the proceeding; or
(c) that the claim has insufficient prospects of success to warrant putting the person served out of Australia to the time, expense and trouble of defending the claim.
Rule 7.05 substituted by S.R. No. 109/2016 rule 5.