Misleading and deceptive conduct under the Trade Practices Act 1974 (Cth) s 52 and Fair Trading Act (Vic) s 11, and breach of statutory duty under companies legislation, are 'torts' within the meaning of Rule 7.01(1)(i) and (j) of the Victorian Rules of Court, permitting service out of the jurisdiction. An exclusive jurisdiction clause will not be enforced where the statutory causes of action relied upon are unavailable in the selected forum and the legislative policy of investor protection would be undermined.
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