Victorian Consolidated Regulations

SUPREME COURT (GENERAL CIVIL PROCEDURE) RULES 2005 - SECT 7.05.

Stay, setting aside service etc.

7.05. Stay, setting aside service etc.



(1) The Court may make an order of a kind referred to in Rule 8.09 on
application by a party served with originating process out of Australia.

(2) Without limiting paragraph (1), the Court may make an order under this
Rule on the ground-

   (a)  that service out of Australia is not authorised by these Rules; or

   (b)  that Victoria is not a convenient forum for the trial of the
        proceeding.

(3) The Court may make an order under this Rule-

   (a)  before an application is made under Rule 7.04; or

   (b)  before an order of the Court is made on such an application.