Australian Capital Territory Numbered Regulations Australian Capital Territory Numbered Regulations(SCR o 13 r 17; NSW r 12.11 (1); Qld r 16 and r 373)
(1) The court may—
(a) declare that a proceeding for which an originating process has been issued has not, for want of jurisdiction, been properly started; or
(b) declare that an originating process has not been properly served; or
(c) set aside an order for service of an originating process; or
(d) set aside an order extending the period for service of an originating process; or
(e) set aside an originating process; or
(f) set aside service of an originating process; or
(g) stay a proceeding; or
(h) amend or set aside leave under rule 6505 (Service outside Australia—leave for service); or
(i) make an order protecting or releasing—
(i) property seized, or threatened with seizure, in a proceeding; or
(ii) property subject to an order restraining its disposal or in relation to which an order restraining its disposal is sought; or
(j) make an order declining to exercise jurisdiction in a proceeding; or
(k) make any other order it considers appropriate.
Note 1 Pt 6.2 (Applications in proceedings) applies to an application for an order under this rule.
Note 2 Rule 6015 (Application in proceeding—application under r 40) provides that an application for an order under this rule must be filed within the time mentioned in r 102 (Notice of intention to respond or defence—filing and service) for filing a notice of intention to respond or, if no notice of intention to respond is filed, a defence.
Note 3 The registrar may reject an originating process that is filed (see r 6140 (Rejecting documents—noncompliance with rules etc) and r 6142 (Rejecting documents—abuse of process etc).
(2) However, the court must not—
(a) set aside a proceeding only because the proceeding was started by the incorrect originating process; or
(b) set aside an originating process only because the incorrect originating process was used.
Division 2.2.2 Originating claims