Service outside of Australia – when allowed with leave
147B Service outside of Australia – when allowed with leave
In any proceeding when service is not allowed under rule 147A, an originating process may be served outside of 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 person intended to be served.
A sealed copy of every order made under this rule must be served with the document to which it relates.
An application for leave under this rule must be supported 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 located or possibly may be found, and whether or not the person to be served is an Australian citizen.
The Court may grant an application for leave under this rule if satisfied that – the claim 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 assume jurisdiction.
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