47Cause of action or defendant outside the State

#### 47 Cause of action or defendant outside the State 47 Cause of action or defendant outside the State > > (1) If a defendant has been duly served with the document commencing an action— > > > > > (a) the Court has jurisdiction in accordance with this Act to hear and dispose of the action, and > > > > > (b) a registrar has and may exercise— > > > > > > > (i) if the action involves proceedings to which the [Civil Procedure Act 2005](/view/html/inforce/current/act-2005-028) applies, the functions conferred on the registrar pursuant to section 12 or 13 of that Act, or > > > > > > > (ii) in any other case, the functions prescribed by the civil procedure rules, > > > > regardless of whether the cause of action to which the action relates arose wholly or partly outside New South Wales. > > > (2) For the purposes of subsection (1), it is immaterial whether the defendant was within or outside New South Wales— > > > > > (a) at the time the cause of action arose, or > > > > > (b) at the time of service of the document commencing the action. > > > (3) For the purposes of this section, a defendant is duly served with a document commencing an action if the defendant is served with the document by or under this Act or in accordance with the [Service and Execution of Process Act 1992](http://www.legislation.gov.au/) of the Commonwealth. > > > (4) In this section, defendant includes, if there are two or more defendants, any one of those defendants. > > **s 47:** Am 1975 No 77, sec 4; 1984 No 170, Schs 3 (16), 8 (6); 1994 No 32, Sch 3. Subst 1998 No 172, Sch 1 \[1\]. Am 2005 No 28, Sch 5.12 \[16\].