Northern Territory Consolidated Regulations

SUPREME COURT RULES - SECT 7.01

(1) Originating process may be served out of Australia without order of the Court where:

(a) the whole subject-matter of the proceeding is land situate in the Territory (with or without rents or profits) or the perpetuation of testimony relating to land so situate;

(b) an act, deed, will, contract, obligation or liability affecting land situate in the Territory is sought to be construed, rectified, set aside or enforced in the proceeding;

(c) relief is sought against a person domiciled or ordinarily resident in the Territory;

(d) the proceeding is for the administration of the estate of a person who died domiciled in the Territory or is for a relief or remedy which might be obtained in such a proceeding;

(e) the proceeding is for the execution, as to property situate in the Territory, of the trusts of a written instrument of which the person to be served is a trustee and which ought to be executed according to the law of the Territory;

(f) the proceeding is brought to enforce, rescind, dissolve, rectify, annul or otherwise affect a contract, or to recover damages or other relief in respect of the breach of a contract, and the contract:

(i) was made in the Territory;

(ii) was made by or through an agent carrying on business or residing in the Territory on behalf of a principal carrying on business or residing out of the Territory; or

(iii) is governed by the law of the Territory;

(g) the proceeding is brought in respect of a breach committed in the Territory of a contract wherever made, even though the breach was preceded or accompanied by a breach out of the Territory that rendered impossible the performance of that part of the contract which ought to have been performed in the Territory;

(h) the proceeding is founded on a contract the parties to which have agreed that the Court shall have jurisdiction to entertain a proceeding in respect of the contract;

(j) the proceeding is founded on a tort committed in the Territory;

(k) the proceeding is brought in respect of damage suffered wholly or partly in the Territory and caused by a tortious act or omission wherever occurring;

(m) an injunction is sought ordering the defendant to do or refrain from doing anything in the Territory, whether or not damages are also claimed in respect of a failure to do or the doing of that thing;

(n) the proceeding is properly brought against a person duly served in or out of the Territory and another person out of Australia is a necessary or proper party to the proceeding;

(p) the proceeding is either brought by a mortgagee of property situated in the Territory (other than land) and seeks:

(i) the sale of the property, the foreclosure of the mortgage or delivery by the mortgagor of possession of the property; or

(ii) redemption of the mortgage, reconveyance of the property or delivery by the mortgagee of possession of the property, but does not seek, except so far as permissible under another paragraph of this subrule a personal judgment or order for the payment of moneys due under the mortgage; or

(q) the proceeding is brought under the Civil Aviation (Carriers' Liability) Act 1959 of the Commonwealth.

(2) In this rule mortgage includes a charge or lien, mortgagee means a person entitled to, or interested in, a mortgage and mortgagor means a person entitled to, or interested in, property subject to a mortgage.