When an originating application may be served outside Australia with leave
10.43 When an originating application may be served outside Australia with leave
In any proceeding, if service is not allowed under rule 10.42, an originating application, together with each document required to accompany the application by rule 8.05, rule 10.43B or any other rule of the Court, may be served outside Australia with the leave of the Court.
An application for leave under this rule must be made on notice to every party other than the party intended to be served.
An application for leave under this rule must be accompanied by an affidavit stating any facts or matters related to the desirability of the Court assuming jurisdiction, including the place or country in which the person to be served is or possibly may be found, and whether or not the person to be served is an Australian citizen.
The Court may give leave if satisfied that:
the proceeding has a real and substantial connection with Australia; and
Australia is an appropriate forum for the proceeding; and
in all the circumstances the Court should exercise jurisdiction.
A sealed copy of every order made under this rule must be served with the document to which it relates.
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