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] [Rule 147C Substituted by S.R. 2017, No. 101, Applied:20 Dec 2017]

(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) , 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.