A New Approach to Service Outside the Jurisdiction and Outside Australia under the Uniform Civil Procedure Rules
Australian Bar Review, Vol. 44, No. 2, pp. 160-185, 2017
22 Pages Posted: 25 Aug 2017
Date Written: August 23, 2017
In December 2016, the Uniform Civil Procedure Rules 2005 (NSW) were amended in respect of service outside of the jurisdiction and outside Australia. Previously, service outside Australia was authorised if the claim had a specified connection to the forum. The claim was required to fall within one or more of the heads of Schedule 6. If the defendant failed to appear, the plaintiff would require leave to proceed. That position remains the default under the amended Rules, although the heads of Schedule 6 have been revised. However, there has also been a significant change. Under the new Rules, if the claim does not fall within Schedule 6, service may be authorised with the prior leave of the court. This article outlines and comments on the changes to the Rules, identifying areas which may require judicial clarification.
Keywords: Jurisdiction, service, service outside the jurisdiction, extraterritorial jurisdiction, forum non conveniens, real and substantial connection, forum, Uniform Civil Procedure Rules
JEL Classification: K10, K30
Suggested Citation: Suggested Citation