Victorian Consolidated Regulations

SUPREME COURT (GENERAL CIVIL PROCEDURE) RULES 2005 - SECT 7.01.

For what claims

7.01. For what claims



(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 within
        Victoria (with or without rents or profits) or the perpetuation of
        testimony relating to land so situate;

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

   (c)  any relief is sought against a person domiciled or ordinarily resident
        within Victoria;

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

   (e)  the proceeding is for the execution, as to property situate within
        Victoria, 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 Victoria;





   (f)  the proceeding is one 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 within Victoria;

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

   (iii) is governed by the law of Victoria;

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

   (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;

        (i)    the proceeding is founded on a tort committed within Victoria;

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

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

   (l)  the proceeding is properly brought against a person duly served within
        or out of Victoria and another person out of Australia is a necessary
        or proper party to the proceeding;

   (m)  the proceeding is either brought by a mortgagee of property situate
        within Victoria (other than land) and seeks the sale of the property,
        the foreclosure of the mortgage or delivery by the mortgagor of
        possession of the property or brought by a mortgagor of property so
        situate (other than land) and seeks 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 any other paragraph of this Rule, any personal
        judgment or order for the payment of any moneys due under the
        mortgage;

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

(2) In paragraph (1)-

mortgage includes a charge or lien; mortgagee means a person entitled to, or
interested in, a mortgage; mortgagor means a person entitled to, or interested
in, property subject to a mortgage.