s 10.43A
In forceCourt’s discretion whether to exercise jurisdiction
Chapter 2Original jurisdiction—proceedings generally
Part 10Service
Division 10.4Service outside Australia
10.43A Court’s discretion whether to exercise jurisdiction
(1)
On application by a person on whom an originating application has been served outside Australia, the Court may dismiss or stay the proceeding or set aside service of the originating application.
(2)
Without limiting subrule (1), the Court may make an order under this rule if satisfied that:
(a)
service of the originating application is not authorised by these Rules; or
(b)
Australia is an inappropriate forum for the proceeding; or
(c)
the claim has insufficient prospects of success to warrant putting the person served outside Australia to the time, expense and trouble of defending it.
Research tools for this sectionPro
The statute text is free to read above. View Pro plans to unlock the case-law research tools for each provision.