sec.129FWhen service allowed without leave

### sec.129F When service allowed without leave An originating process may be served outside Australia without leave in the following circumstances— if the claim is founded on a tortious act or omission— that was done or that happened wholly or partly in Queensland; or in respect of which the damage was sustained wholly or partly in Queensland; if the claim is for the enforcement, rescission, dissolution, annulment, cancellation, rectification, interpretation or other treatment of, or for damages or other relief in respect of a breach of, a contract that— was made or entered into in Queensland; or was made by or through an agent trading or residing within Queensland; or was to be wholly or in part performed in Queensland; or was by its terms or by implication to be governed by Queensland law or to be enforceable or cognisable in a Queensland court; if the claim is in respect of a breach in Queensland of a contract, wherever made, whether or not the breach was preceded or accompanied by a breach outside Queensland that rendered impossible the performance of that part of the contract that ought to have been performed in Queensland; if the claim— is for an injunction to compel or restrain the performance of an act in Queensland; or is for interim or ancillary relief in respect of a matter or thing in or connected with Queensland, and the relief is sought in relation to a judicial or arbitral proceeding started or to be started, or an arbitration agreement made, in or outside Queensland (including, without limitation, interim or ancillary relief in relation to a proceeding under the International Arbitration Act 1974 (Cwlth) or the Commercial Arbitration Act 2013 ); or without limiting subparagraph (ii) , is an application for a freezing order or ancillary order under chapter 8 , part 2 , division 2 in respect of a matter or thing in or connected with Queensland; if the subject matter of the claim is land or other property situated in Queensland, or an act, deed, will, instrument or thing affecting land or property situated in Queensland, or the proceeding is for the perpetuation of testimony relating to land or property situated in Queensland; if the claim relates to the carrying out or discharge of the trusts of a written instrument of which the person to be served is a trustee and that ought to be carried out or discharged according to Queensland law; if relief is sought against a person domiciled or ordinarily or habitually resident in Queensland (whether present in Queensland or not); if a person outside Australia is— a necessary or proper party to a proceeding properly brought against another person served or to be served (whether within Queensland or outside Queensland) under any other provision of these rules; or a defendant to a claim for contribution or indemnity in respect of a liability enforceable by a proceeding in the court; if the claim is for— the administration of the estate of a deceased person who at the time of the person’s death was domiciled in Queensland; or relief or a remedy that might be obtained in a proceeding mentioned in subparagraph (i) ; if the claim arises under an Australian enactment and 1 or more of the following applies— an act or omission to which the claim relates was done or happened in Queensland; any loss or damage to which the claim relates was sustained in Queensland; the enactment applies expressly or by implication to an act or omission that was done or happened outside Australia in the circumstances alleged; the enactment expressly or by implication confers jurisdiction on the court over persons outside Australia (in which case any requirements of the enactment relating to service must be complied with); if the person to be served has submitted to the jurisdiction of the court; if a claim is made for restitution or for the remedy of constructive trust and the alleged liability of the person to be served arises out of an act or omission that was done or happened wholly or partly in Queensland; if it is sought to recognise or enforce a judgment; if the claim is founded on a cause of action arising in Queensland; if the claim affects the person to be served in respect of the person’s membership of a corporation incorporated in Queensland, or of a partnership or an association formed or carrying on any part of its affairs in Queensland; if the claim concerns the construction, effect or enforcement of a Queensland enactment; if the claim— relates to an arbitration held in Queensland or governed by Queensland law; or is to enforce in Queensland an arbitral award wherever made; or is for orders necessary or convenient for carrying into effect in Queensland the whole or any part of an arbitral award wherever made; if the claim, so far as it concerns the person to be served, falls partly within 1 or more of paragraphs (a) to (q) and, as to the residue, within 1 or more of the others of paragraphs (a) to (q) . See rules 178 (4) and 195 (1) (b) in relation to service under this subdivision of a counterclaim against a person not a party to a proceeding and a third party notice. See the Jurisdiction of Courts (Cross-vesting) Act 1987 , section 8 for when the Supreme Court may make an order removing the proceeding to the Supreme Court and for how that Act applies in relation to the proceeding if removed under that section. This rule does not extend the jurisdiction the District Court or a Magistrates Court otherwise has apart from this rule. r 129F ins 2019 SL No. 50 s 4 - (a) if the claim is founded on a tortious act or omission— (i) that was done or that happened wholly or partly in Queensland; or (ii) in respect of which the damage was sustained wholly or partly in Queensland; - (i) that was done or that happened wholly or partly in Queensland; or - (ii) in respect of which the damage was sustained wholly or partly in Queensland; - (b) if the claim is for the enforcement, rescission, dissolution, annulment, cancellation, rectification, interpretation or other treatment of, or for damages or other relief in respect of a breach of, a contract that— (i) was made or entered into in Queensland; or (ii) was made by or through an agent trading or residing within Queensland; or (iii) was to be wholly or in part performed in Queensland; or (iv) was by its terms or by implication to be governed by Queensland law or to be enforceable or cognisable in a Queensland court; - (i) was made or entered into in Queensland; or - (ii) was made by or through an agent trading or residing within Queensland; or - (iii) was to be wholly or in part performed in Queensland; or - (iv) was by its terms or by implication to be governed by Queensland law or to be enforceable or cognisable in a Queensland court; - (c) if the claim is in respect of a breach in Queensland of a contract, wherever made, whether or not the breach was preceded or accompanied by a breach outside Queensland that rendered impossible the performance of that part of the contract that ought to have been performed in Queensland; - (d) if the claim— (i) is for an injunction to compel or restrain the performance of an act in Queensland; or (ii) is for interim or ancillary relief in respect of a matter or thing in or connected with Queensland, and the relief is sought in relation to a judicial or arbitral proceeding started or to be started, or an arbitration agreement made, in or outside Queensland (including, without limitation, interim or ancillary relief in relation to a proceeding under the International Arbitration Act 1974 (Cwlth) or the Commercial Arbitration Act 2013 ); or (iii) without limiting subparagraph (ii) , is an application for a freezing order or ancillary order under chapter 8 , part 2 , division 2 in respect of a matter or thing in or connected with Queensland; - (i) is for an injunction to compel or restrain the performance of an act in Queensland; or - (ii) is for interim or ancillary relief in respect of a matter or thing in or connected with Queensland, and the relief is sought in relation to a judicial or arbitral proceeding started or to be started, or an arbitration agreement made, in or outside Queensland (including, without limitation, interim or ancillary relief in relation to a proceeding under the International Arbitration Act 1974 (Cwlth) or the Commercial Arbitration Act 2013 ); or - (iii) without limiting subparagraph (ii) , is an application for a freezing order or ancillary order under chapter 8 , part 2 , division 2 in respect of a matter or thing in or connected with Queensland; - (e) if the subject matter of the claim is land or other property situated in Queensland, or an act, deed, will, instrument or thing affecting land or property situated in Queensland, or the proceeding is for the perpetuation of testimony relating to land or property situated in Queensland; - (f) if the claim relates to the carrying out or discharge of the trusts of a written instrument of which the person to be served is a trustee and that ought to be carried out or discharged according to Queensland law; - (g) if relief is sought against a person domiciled or ordinarily or habitually resident in Queensland (whether present in Queensland or not); - (h) if a person outside Australia is— (i) a necessary or proper party to a proceeding properly brought against another person served or to be served (whether within Queensland or outside Queensland) under any other provision of these rules; or (ii) a defendant to a claim for contribution or indemnity in respect of a liability enforceable by a proceeding in the court; - (i) a necessary or proper party to a proceeding properly brought against another person served or to be served (whether within Queensland or outside Queensland) under any other provision of these rules; or - (ii) a defendant to a claim for contribution or indemnity in respect of a liability enforceable by a proceeding in the court; - (i) if the claim is for— (i) the administration of the estate of a deceased person who at the time of the person’s death was domiciled in Queensland; or (ii) relief or a remedy that might be obtained in a proceeding mentioned in subparagraph (i) ; - (i) the administration of the estate of a deceased person who at the time of the person’s death was domiciled in Queensland; or - (ii) relief or a remedy that might be obtained in a proceeding mentioned in subparagraph (i) ; - (j) if the claim arises under an Australian enactment and 1 or more of the following applies— (i) an act or omission to which the claim relates was done or happened in Queensland; (ii) any loss or damage to which the claim relates was sustained in Queensland; (iii) the enactment applies expressly or by implication to an act or omission that was done or happened outside Australia in the circumstances alleged; (iv) the enactment expressly or by implication confers jurisdiction on the court over persons outside Australia (in which case any requirements of the enactment relating to service must be complied with); - (i) an act or omission to which the claim relates was done or happened in Queensland; - (ii) any loss or damage to which the claim relates was sustained in Queensland; - (iii) the enactment applies expressly or by implication to an act or omission that was done or happened outside Australia in the circumstances alleged; - (iv) the enactment expressly or by implication confers jurisdiction on the court over persons outside Australia (in which case any requirements of the enactment relating to service must be complied with); - (k) if the person to be served has submitted to the jurisdiction of the court; - (l) if a claim is made for restitution or for the remedy of constructive trust and the alleged liability of the person to be served arises out of an act or omission that was done or happened wholly or partly in Queensland; - (m) if it is sought to recognise or enforce a judgment; - (n) if the claim is founded on a cause of action arising in Queensland; - (o) if the claim affects the person to be served in respect of the person’s membership of a corporation incorporated in Queensland, or of a partnership or an association formed or carrying on any part of its affairs in Queensland; - (p) if the claim concerns the construction, effect or enforcement of a Queensland enactment; - (q) if the claim— (i) relates to an arbitration held in Queensland or governed by Queensland law; or (ii) is to enforce in Queensland an arbitral award wherever made; or (iii) is for orders necessary or convenient for carrying into effect in Queensland the whole or any part of an arbitral award wherever made; - (i) relates to an arbitration held in Queensland or governed by Queensland law; or - (ii) is to enforce in Queensland an arbitral award wherever made; or - (iii) is for orders necessary or convenient for carrying into effect in Queensland the whole or any part of an arbitral award wherever made; - (r) if the claim, so far as it concerns the person to be served, falls partly within 1 or more of paragraphs (a) to (q) and, as to the residue, within 1 or more of the others of paragraphs (a) to (q) . - (i) that was done or that happened wholly or partly in Queensland; or - (ii) in respect of which the damage was sustained wholly or partly in Queensland; - (i) was made or entered into in Queensland; or - (ii) was made by or through an agent trading or residing within Queensland; or - (iii) was to be wholly or in part performed in Queensland; or - (iv) was by its terms or by implication to be governed by Queensland law or to be enforceable or cognisable in a Queensland court; - (i) is for an injunction to compel or restrain the performance of an act in Queensland; or - (ii) is for interim or ancillary relief in respect of a matter or thing in or connected with Queensland, and the relief is sought in relation to a judicial or arbitral proceeding started or to be started, or an arbitration agreement made, in or outside Queensland (including, without limitation, interim or ancillary relief in relation to a proceeding under the International Arbitration Act 1974 (Cwlth) or the Commercial Arbitration Act 2013 ); or - (iii) without limiting subparagraph (ii) , is an application for a freezing order or ancillary order under chapter 8 , part 2 , division 2 in respect of a matter or thing in or connected with Queensland; - (i) a necessary or proper party to a proceeding properly brought against another person served or to be served (whether within Queensland or outside Queensland) under any other provision of these rules; or - (ii) a defendant to a claim for contribution or indemnity in respect of a liability enforceable by a proceeding in the court; - (i) the administration of the estate of a deceased person who at the time of the person’s death was domiciled in Queensland; or - (ii) relief or a remedy that might be obtained in a proceeding mentioned in subparagraph (i) ; - (i) an act or omission to which the claim relates was done or happened in Queensland; - (ii) any loss or damage to which the claim relates was sustained in Queensland; - (iii) the enactment applies expressly or by implication to an act or omission that was done or happened outside Australia in the circumstances alleged; - (iv) the enactment expressly or by implication confers jurisdiction on the court over persons outside Australia (in which case any requirements of the enactment relating to service must be complied with); - (i) relates to an arbitration held in Queensland or governed by Queensland law; or - (ii) is to enforce in Queensland an arbitral award wherever made; or - (iii) is for orders necessary or convenient for carrying into effect in Queensland the whole or any part of an arbitral award wherever made; - 1 See rules 178 (4) and 195 (1) (b) in relation to service under this subdivision of a counterclaim against a person not a party to a proceeding and a third party notice. - 2 See the Jurisdiction of Courts (Cross-vesting) Act 1987 , section 8 for when the Supreme Court may make an order removing the proceeding to the Supreme Court and for how that Act applies in relation to the proceeding if removed under that section. - 3 This rule does not extend the jurisdiction the District Court or a Magistrates Court otherwise has apart from this rule.