A new approach to service outside the jurisdiction and outside Australia under the Uniform Civil Procedure Rules

Research output: Contribution to journalArticle

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 sch 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 sch 6 have been revised. However, there has also been a significant change. Under the new Rules, if the claim does not fall within sch 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.
Original languageEnglish
Pages (from-to)160-185
Number of pages26
JournalAustralian Bar Review
Volume44
Issue number2
Publication statusPublished - 2017
Externally publishedYes

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