sec.55Service

### sec.55 Service Despite chapter 4 , an originating process in which the cross-vesting laws are relied on may be served outside the jurisdiction. If a defendant served outside the jurisdiction under subrule (1) does not file a notice of intention to defend, the plaintiff must not take a further step in the proceeding unless the court gives leave to proceed. The court must not give leave to proceed unless it is satisfied— jurisdiction under the cross-vesting laws is being invoked; and the court is a convenient court in which to decide the matter. An application for leave to proceed must be made by application or it may be included in the application for directions under rule 56 . An order giving leave to proceed does not prevent the court from subsequently transferring the proceeding to another court. (sec.55-ssec.1) Despite chapter 4 , an originating process in which the cross-vesting laws are relied on may be served outside the jurisdiction. (sec.55-ssec.2) If a defendant served outside the jurisdiction under subrule (1) does not file a notice of intention to defend, the plaintiff must not take a further step in the proceeding unless the court gives leave to proceed. (sec.55-ssec.3) The court must not give leave to proceed unless it is satisfied— jurisdiction under the cross-vesting laws is being invoked; and the court is a convenient court in which to decide the matter. (sec.55-ssec.4) An application for leave to proceed must be made by application or it may be included in the application for directions under rule 56 . (sec.55-ssec.5) An order giving leave to proceed does not prevent the court from subsequently transferring the proceeding to another court. - (a) jurisdiction under the cross-vesting laws is being invoked; and - (b) the court is a convenient court in which to decide the matter.