Western Australian Consolidated Regulations Western Australian Consolidated Regulations (1) Service of a writ
or notice of a writ out of the jurisdiction is permissible with the leave of
the Court whenever —
(a) the
subject matter of the action, so far as it concerns the party to be served,
is —
(i)
land (with or without rents or profits) or other property
situate within the State, or the perpetuation of testimony relating to land
within the State; or
(ii)
any shares or stock of a corporation or joint stock
company having its principal place of business within the State;
(b) any
Act, deed, will, contract, obligation or liability affecting land or
hereditaments situate within the State is sought to be construed, rectified,
set aside or enforced in the action;
(c) in
the action relief is sought against a person domiciled or ordinarily resident
within the jurisdiction;
(d) the
action is for the administration of the personal estate of any deceased
person, who at the time of his death was domiciled within the jurisdiction, or
for the execution (as to property situate within the jurisdiction) of the
trusts of any written instrument, of which the person to be served is a
trustee, which ought to be executed according to the law of Western Australia
or if the action is for any relief or remedy which might be obtained in any
such action as aforesaid;
(e) the
action is one brought to enforce, rescind, dissolve, annul, or otherwise
affect a contract, or to recover damages or obtain other relief in respect of
the breach of a contract, being in either case a contract —
(i)
made within the jurisdiction; or
(ii)
made by or through an agent trading or residing within
the jurisdiction on behalf of a principal trading or residing out of the
jurisdiction; or
(iii)
which by its terms or implications is governed by the law
of Western Australia;
(f) the
action is brought in respect of a breach committed within the jurisdiction of
a contract wherever made and irrespective of the fact, if such be the case,
that the breach was preceded or accompanied by a breach committed out of the
jurisdiction that rendered impossible the performance of so much of the
contract as ought to have been performed within the jurisdiction;
(g) in
the action an injunction is sought ordering the defendant to do or refrain
from doing anything within the jurisdiction, or any nuisance within the
jurisdiction is sought to be prevented or removed whether damages are or are
not also sought in respect thereof;
(h) any
person out of the jurisdiction is a necessary or proper party to an action
properly brought against some other person duly served within the
jurisdiction;
(i)
the action is for the recovery of taxes or duty (with or
without interest or fines for default in payment thereof) which have been
imposed or become due on or in respect of property situate within the
jurisdiction;
(j) the
action is by a mortgagee or mortgagor in relation to a mortgage of personal
property situate within the jurisdiction and seeks relief of the nature or
kind following, that is to say, sale, foreclosure, delivery of possession by
the mortgagor, redemption, reconveyance, delivery of possession by the
mortgagee, but does not seek (unless and except so far as permissible under
subparagraph (e)) any personal judgment or order for payment of any
moneys due under the mortgage;
(k) the
action is founded on a tort committed within the jurisdiction;
(l) the
action is properly brought under the Civil Aviation (Carriers’
Liability) Act 1959 of the Commonwealth.
(2) In
paragraph (1)(j) the expression personal property situate within the
jurisdiction means personal property, which on the death of an owner thereof
intestate, would form subject matter for the grant of letters of
administration to his estate in Western Australia; the expression mortgage
means a mortgage charge or lien of any description; the expression mortgagee
means a party for the time being entitled to or interested in a mortgage; and
the expression mortgagor means a party for the time being entitled to or
interested in property subject to a mortgage.