Australian Capital Territory Numbered Regulations Australian Capital Territory Numbered Regulations(SCR o 12 r 2; FCR o 8 r 1; NSW r 11.2 and sch 6; Qld r 124)
(1) An originating process for any of the following may be served on a person outside Australia without the court's leave:
(a) a proceeding based on a cause of action arising in the ACT;
(b) a proceeding in relation to—
(i) property in the ACT; or
(ii) obtaining evidence for a future claim about property in the ACT;
(c) a proceeding for the interpretation, rectification, setting aside or enforcement of a law, deed, will, contract, obligation or liability affecting property in the ACT;
(d) a proceeding for relief against—
(i) a person domiciled or ordinarily resident in the ACT; or
(ii) a corporation incorporated in the ACT or under a territory law; or
(iii) a company taken to be registered in the ACT; or
(iv) a company or other corporation carrying on business in the ACT;
(e) a proceeding for—
(i) the administration of the estate of a person who died domiciled in the ACT; or
(ii) relief that might be obtained in a proceeding for the administration of the estate of a person who died domiciled in the ACT;
(f) a proceeding for the execution of a trust if—
(i) the trust is created or declared by an instrument; and
(ii) the person is a trustee or beneficiary; and
(iii) the execution relates to trust property in the ACT; and
(iv) the trust ought to be executed under ACT law;
(g) a proceeding in relation to a contract—
(i) made in the ACT; or
(ii) made by 1 or more parties carrying on business or living in the ACT; or
(iii) made by or through an agent carrying on business or living in the ACT on behalf of a principal carrying on business or living outside the ACT; or
(iv) governed by ACT law;
(h) a proceeding based on a breach in the ACT of a contract (wherever made), whether or not the breach was preceded or accompanied by a breach (wherever happening), that makes impossible the performance of a part of the contract that ought to be performed in the ACT;
(i) a proceeding based on a contract containing a condition by which the parties agree to submit to the jurisdiction of the court;
(j) a proceeding for the recovery of an amount payable under a law to an entity in the ACT;
(k) a proceeding based on a tort committed in the ACT;
(l) a proceeding for damage—
(i) all or part of which was suffered in the ACT; and
(ii) caused by a tortious act or omission (wherever happening);
(m) a proceeding affecting a person in relation to—
(i) membership of, or office holding in, a corporation incorporated in the ACT or under a territory law; or
(ii) membership of, or office holding in, a company taken to be registered in the ACT; or
(iii) membership of, or office holding in, a company or other corporation carrying on business in the ACT; or
(iv) membership of, or office holding in, an unincorporated partnership, association or other entity formed, or carrying on any part of its affairs, in the ACT; or
(v) the person's conduct as a member or officer of such a company, other corporation, or unincorporated partnership, association or other entity;
(n) a proceeding for a contribution or indemnity for a liability enforceable in the court;
(o) a proceeding in which a division 2.9.4 order in relation to anything to be done, or not done, in the ACT is the principal relief claimed (whether or not damages are also claimed);
(p) a proceeding properly brought in the ACT against a person in which someone else outside the ACT is a necessary or proper party to the proceeding;
(q) a proceeding brought under the Civil Aviation (Carrier's Liability) Act 1959 (Cwlth)—
(i) by a resident of the ACT; or
(ii) in relation to damage that happened in the ACT;
(r) a proceeding in which a person has submitted or agreed to submit to the jurisdiction of the court;
(s) a proceeding in which the subject matter of the proceeding, as far as it concerns the person, is property in the ACT;
(t) a proceeding about the interpretation, effect or enforcement of—
(i) an ACT law; or
(ii) a law of the Commonwealth (including an Imperial Act applying as a law of the Commonwealth) affecting property in the ACT;
(u) a proceeding in relation to the effect or enforcement of an executive, ministerial or administrative act done, or purported to have been done, under a law;
(v) a proceeding—
(i) in relation to an arbitration held in the ACT or governed by ACT law; or
(ii) to enforce in the ACT an arbitral award wherever made; or
(iii) for orders to carry into effect in the ACT all or part of an arbitral award wherever made;
(w) a proceeding to enforce in the ACT a judgment wherever given;
(x) a proceeding in relation to a person with a legal disability who is domiciled or present in, or a resident of, the ACT;
(y) a proceeding, as far as it relates to the person to be served, falling partly within 1 or more of paragraphs (a) to (x).
Note Rule 6505 (Service outside Australia—leave for service) provides for the giving of leave for service of an originating process that is not allowed under r (1).
(2) Any other originating process must not be served outside Australia without the court's leave.
Note Rule 6505 (Service outside Australia—leave for service) provides for the giving of leave for service of an originating process that is not mentioned in r (1).
(3) Each paragraph of subrule (1) is a separate ground for deciding whether an originating process may be served outside Australia under that subrule.
(4) This rule does not limit or extend the jurisdiction the court has apart from this rule.