6504
In forceCourt’s discretion whether to assume jurisdiction
Chapter 6General rules for all proceedings
Part 6.8Service
Division 6.8.9Service out of Australia
6504 Court’s discretion whether to assume jurisdiction
(1)
On application by a person on whom an originating process has been served out of Australia, the court may dismiss or stay the proceeding or set aside service of the originating process.
(2)
Without limiting subrule (1), the court may make an order under this rule if satisfied that—
(a)
service of the originating process is not authorised by these rules; or
(b)
the court is an inappropriate forum for the trial of the proceeding; or
(c)
the proceeding has insufficient prospects of success to warrant putting the person served outside Australia to the time, expense and trouble of defending the proceeding.
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