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

Sydney Law School Research Paper No. 17/67

22 Pages Posted: 25 Aug 2017

See all articles by Michael Douglas

Michael Douglas

The University of Western Australia Law School

Vivienne Bath

The University of Sydney Law School

Date Written: August 23, 2017

Abstract

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

Douglas, Michael and Bath, Vivienne, A New Approach to Service Outside the Jurisdiction and Outside Australia under the Uniform Civil Procedure Rules (August 23, 2017). Australian Bar Review, Vol. 44, No. 2, pp. 160-185, 2017, Sydney Law School Research Paper No. 17/67, Available at SSRN: https://ssrn.com/abstract=3025146

Michael Douglas (Contact Author)

The University of Western Australia Law School ( email )

M253
35 Stirling Highway
Crawley, Western Australia 6009
Australia

HOME PAGE: http://www.web.uwa.edu.au/person/michael.c.douglas

Vivienne Bath

The University of Sydney Law School ( email )

New Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia

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