Victorian Numbered Regulations Victorian Numbered Regulations(1) Originating process may be served out of Australia without order of the Court where—
(a) the whole subject matter of the proceeding is land situate within Victoria (with or without rents or profits) or the perpetuation of testimony relating to land so situate;
(b) any act, deed, will, contract, obligation or liability affecting land situate within Victoria is sought to be construed, rectified, set aside or enforced in the proceeding;
(c) any relief is sought against a person domiciled or ordinarily resident within Victoria;
(d) the proceeding is—
(i) for the administration of the estate of a person who died domiciled within Victoria; or
(ii) for any relief or remedy which might be obtained in any such proceeding;
(e) the proceeding is for the execution, as to property situate within Victoria, of the trusts of a written instrument of which the person to be served is a trustee and which ought to be executed according to the law of Victoria;
(f) the proceeding is one brought to enforce, rescind, dissolve, rectify, annul or otherwise affect a contract, or to recover damages or other relief in respect of the breach of a contract, and the contract—
(i) was made within Victoria;
(ii) was made by or through an agent carrying on business or residing within Victoria on behalf of a principal carrying on business or residing out of Victoria; or
(iii) is governed by the law of Victoria;
(g) the proceeding is brought in respect of a breach committed within Victoria of a contract wherever made, even though that breach was preceded or accompanied by a breach out of Victoria that rendered impossible the performance of that part of the contract which ought to have been performed within Victoria;
(h) the proceeding is founded on a contract the parties to which have agreed that the Court shall have jurisdiction to entertain a proceeding in respect of the contract;
(i) the proceeding is founded on a tort committed within Victoria;
(j) the proceeding is brought in respect of damage suffered wholly or partly in Victoria and caused by a tortious act or omission wherever occurring;
(k) an injunction is sought ordering the defendant to do or refrain from doing anything within Victoria, whether or not damages are also claimed in respect of a failure to do or the doing of that thing;
(l) the proceeding is properly brought against a person duly served within or out of Victoria and another person out of Australia is a necessary or proper party to the proceeding;
(m) the proceeding is either brought by a mortgagee of property situate within Victoria (other than land) and seeks the sale of the property, the foreclosure of the mortgage or delivery by the mortgagor of possession of the property or brought by a mortgagor of property so situate (other than land) and seeks redemption of the mortgage, reconveyance of the property or delivery by the mortgagee of possession of the property, but does not seek, except so far as permissible under any other paragraph of this Rule, any personal judgment or order for the payment of any moneys due under the mortgage;
(n) the proceeding is brought under the Civil Aviation (Carriers' Liability) Act 1959 of the Commonwealth.
(2) In paragraph (1)—
"mortgage" includes a charge or lien;
"mortgagee" means a person entitled to, or interested in, a mortgage;
"mortgagor" means a person entitled to, or interested in, property subject to a mortgage.