147C
In forceCourt's discretion whether to assume jurisdiction
Part 7Proceedings
Division 10Service of originating process outside Australia
147C Court's discretion whether to assume jurisdiction
On application by a person on whom an originating process has been served outside of Australia, the Court may dismiss or stay the proceeding or set aside service of the originating process.
Without limiting subrule (1), the Court may make an order under this rule if satisfied – that service of the originating process is not authorised by these rules; or that the Court is an inappropriate forum for the trial of the proceeding; or that the claim has insufficient prospects of success to warrant putting the person who has been served outside of Australia to the time, expense and trouble of defending the claim.
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