sec.127Court’s discretion whether to assume jurisdiction

### sec.127 Court’s discretion whether to assume jurisdiction On application by a person on whom an originating process has been served outside 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— service of the originating process is not authorised by these rules; or the court is an inappropriate forum for the trial of the proceeding; or the claim has insufficient prospects of success to warrant putting the person served outside Australia to the time, expense and trouble of defending the claim. r 127 amd 2001 SL No. 107 s 4 sub 2019 SL No. 50 s 4 (sec.127-ssec.1) On application by a person on whom an originating process has been served outside Australia, the court may dismiss or stay the proceeding or set aside service of the originating process. (sec.127-ssec.2) Without limiting subrule (1) , the court may make an order under this rule if satisfied— service of the originating process is not authorised by these rules; or the court is an inappropriate forum for the trial of the proceeding; or the claim has insufficient prospects of success to warrant putting the person served outside Australia to the time, expense and trouble of defending the claim. - (a) service of the originating process is not authorised by these rules; or - (b) the court is an inappropriate forum for the trial of the proceeding; or - (c) the claim has insufficient prospects of success to warrant putting the person served outside Australia to the time, expense and trouble of defending the claim.