The District Court's jurisdiction over a defendant depends on due service under s 47 of the District Court Act 1973 (NSW), not on the defendant's presence in New South Wales when proceedings are commenced. District Court originating process cannot be served outside Australia, and an order for substituted service under UCPR r 10.14 cannot be used to circumvent this limitation. Where a defendant is about to leave Australia, a substituted service order should not be made unless there is evidence the means of service are likely to bring the proceedings to the defendant's attention while still in Australia. Evidence supporting substituted service via Facebook must establish that the Facebook page belongs to the defendant and that postings are likely to come to the defendant's timely attention.
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