LOCAL COURT ACT 2007 - SECT 34 Jurisdiction when cause of action or defendant outside the State

LOCAL COURT ACT 2007 - SECT 34

34 Jurisdiction when cause of action or defendant outside the State

(cf LCA 1982, section 69)

(1) The Court has jurisdiction to hear and determine proceedings with respect to a cause of action:

(a) even if part of the cause of action arose outside New South Wales, so long as a material part of the cause of action arose within New South Wales, and

(b) even if the whole cause of action arose outside New South Wales, so long as the defendant was resident in New South Wales at the time of service of the document that commenced the proceedings, and

(c) even if the defendant is not within New South Wales, so long as:

(i) the whole or a material part of the cause of action arose within New South Wales, and

(ii) the defendant was within a State or a part of the Commonwealth (within the meaning of the Service and Execution of Process Act 1992 of the Commonwealth) at the time of service of the document that commenced the proceedings.

(2) Subsection (1) (c) applies whether or not the defendant has ever been resident or carried on business in New South Wales.

(3) In this section,
"defendant" includes, if there are 2 or more defendants, any one of those defendants.