147CCourt's discretion whether to assume jurisdiction

### 147C Court's discretion whether to assume jurisdiction > [*\[Rule 147C Inserted by S.R. 2004, No. 56, Applied:21 Jul 2004\]*](/view/html/inforce/2004-07-21/sr-2004-056#GS12@EN) [*\[Rule 147C Substituted by S.R. 2017, No. 101, Applied:20 Dec 2017\]*](/view/html/inforce/2017-12-20/sr-2017-101#GS7@EN) > > > (1)  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. > > > (2)  Without limiting [subrule (1)](#GS147C@Gs1@EN) , the Court may make an order under this rule if satisfied – > > > > > > (a) that service of the originating process is not authorised by these rules; or > > > > > > > (b) that the Court is an inappropriate forum for the trial of the proceeding; or > > > > > > > (c) 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.