Schedule 6 Service outside of Australia without leave

Schedule 6 Service outside of Australia without leave

(Rule 11.4)

An originating process may be served outside of Australia without leave in the following cases—

(a) when the claim is founded on a tortious act or omission—

(i) which was done or which occurred wholly or partly in Australia, or

(ii) in respect of which the damage was sustained wholly or partly in Australia,

(b) when 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 which—

(i) was made or entered into in Australia, or

(ii) was made by or through an agent trading or residing within Australia, or

(iii) was to be wholly or in part performed in Australia, or

(iv) was by its terms or by implication to be governed by Australian law or to be enforceable or cognizable in an Australian court,

(c) when the claim is in respect of a breach in Australia of any contract, wherever made, whether or not that breach was preceded or accompanied by a breach outside of Australia that rendered impossible the performance of that part of the contract that ought to have been performed in Australia,

(d) when the claim—

(i) is for an injunction to compel or restrain the performance of any act in Australia, or

(ii) is for interim or ancillary relief in respect of any matter or thing in or connected with Australia, where such relief is sought in relation to judicial or arbitral proceedings commenced or to be commenced, or an arbitration agreement made, in or outside Australia (including without limitation interim or ancillary relief in relation to any proceedings under the International Arbitration Act 1974 of the Commonwealth or the Commercial Arbitration Act 2010), or

(iii) without limiting subparagraph (ii), is an application for a freezing order or ancillary order under Division 2 of Part 25 in respect of any matter or thing in or connected with Australia,