Cochran v Sutton

[2014] NSWCA 185

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Service of originating process
3. › Service outside jurisdiction
4. › Service outside Australia
5. › Whether statutory court of limited jurisdiction has power to authorise service of originating process outside Australia
6. › Whether Part 11 UCPR applies to Industrial Court
7. › Uniform Civil Procedure Rules 2005 (NSW), rr 1.5, 11.1(1)
1. Practice and Procedure
2. › Service of originating process
3. › Service outside jurisdiction
4. › Substituted service
5. › Whether substituted service available where personal service not permitted
6. › Industrial Relations Act 1996 (NSW), s 162(2)(f)
1. Jurisdiction
2. › Statutory courts of limited jurisdiction
3. › Industrial Court of New South Wales
4. › Whether designation as 'superior court of record' expands jurisdiction
5. › Whether power to require service 'outside the State' includes service outside Australia
6. › Industrial Relations Act 1996 (NSW), ss 153, 162

Quick Take

The Industrial Court of New South Wales has no power to authorise service of its originating process outside Australia. Part 11 of the UCPR, which provides for service outside Australia, applies only to the Supreme Court by virtue of r 11.1(1) and r 1.5(4). Section 162(2)(f) of the Industrial Relations Act 1996 (NSW), permitting service 'outside the State', does not confer power to serve process outside Australia. The earlier authority of Gough & Gilmour upholding such service should not be followed.