Supreme Court Rules Amendment Order (No. 6) 1993 (Qld)

Queensland Subordinate Legislation 1993 No. 327 Supreme Court Act 1921 SUPREME COURT RULES AMENDMENT ORDER (No. 6) 1993 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2 Amended rules . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 3 Amendment of Order 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 4 Amendment of Order 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

2 Supreme Court Rules Amendment (No. 6) No. 327, 1993 ˙ Short title 1. This order in council may be cited as the Supreme Court Rules Amendment Order (No. 6) 1993 . ˙ Amended rules 2. The Rules of the Supreme Court are amended as set out in this order. ˙ Amendment of Order 5 3. Order 5, rule 9, paragraphs (c), (d) and (e)— omit, insert— ‘ (c) if the place of service is outside Australia (including the external territories)—42 days. ’. ˙ Amendment of Order 11 4.(1) Order 11, rule 1— omit, insert— ‘Service outside Australia ‘1.(1) In this rule— “Australia” includes the external territories; “proceeding” means— (a) the cause or matter in respect of which an originating proceeding is issued; or (b) an action mentioned in Order 3 rule 28; “process” means— (a) an originating proceeding; or (b) a notice of an originating proceeding; or (c) a notice of judgment or order under Order 3 rule 28. ‘(2) A process in relation to a proceeding may be served on a person outside Australia, without the leave of the Court, if any of the following

3 Supreme Court Rules Amendment (No. 6) No. 327, 1993 paragraphs apply— (a) the proceeding is founded on a cause of action arising in Queensland; (b) the subject matter of the proceeding is— (i) property situated in Queensland; or (ii) the perpetuation of testimony relating to property in Queensland; (c) any Act, deed, will, contract, obligation or liability affecting property situated in Queensland is sought to be construed, rectified, set aside or enforced in the proceeding; (d) the proceeding is for any relief against a person domiciled or ordinarily resident in Queensland; (e) the proceeding is for— (i) the administration of the estate of a person who died domiciled in Queensland; or (ii) any relief that might be obtained in a proceeding for the administration of the estate of a person who died domiciled in Queensland; (f) the proceeding is for the execution of a trust and— (i) the trust is created or declared by an instrument; and (ii) the person is a trustee; and (iii) the execution relates to trust property situated in Queensland; and (iv) the trust ought to be executed according to the law of Queensland; (g) the proceeding is to enforce, rescind, dissolve, rectify, annul or otherwise affect, or to recover damages or other relief in relation to the breach of, a contract that— (i) was made in Queensland; or (ii) was made by 1 or more parties carrying on business or residing in Queensland; or

4 Supreme Court Rules Amendment (No. 6) No. 327, 1993 (iii) was made by or through an agent carrying on business or residing in Queensland on behalf of a principal carrying on business or residing outside Queensland; or (iv) is governed by the law of Queensland; (h) the proceeding is founded on a breach of contract committed in Queensland, regardless of where the contract was made and whether or not the breach was preceded or accompanied by a breach (wherever occurring) that renders impossible the performance of a part of the contract that ought to be performed in Queensland; (i) the proceeding is founded on a contract that contains a term by which the parties agree to submit to the jurisdiction of the Court; (j) the proceeding is for the recovery of an amount payable under an Act to a person or body in Queensland; (k) the proceeding is founded on a tort committed in Queensland; (l) the proceeding is for damage that— (i) was suffered in whole or part in Queensland; and (ii) was caused by a tortious act or omission (wherever happening); (m) the proceeding affects the person in relation to the person’s membership of— (i) a corporation incorporated in Queensland; or (ii) a partnership or an association or other body (whether corporate or unincorporate) formed, or carrying on any part of its affairs, in Queensland; (n) the proceeding is for a contribution or indemnity for a liability enforceable in the Court; (o) the proceeding is for an injunction ordering the defendant to do, or refrain from doing, anything in Queensland (whether or not damages are also claimed); (p) the proceeding is properly brought in Queensland against a person and another person outside Queensland is a necessary or proper party to the proceeding;

5 Supreme Court Rules Amendment (No. 6) No. 327, 1993 (q) the proceeding is brought under the Civil Aviation (Carrier’s Liability) Act 1959 (Commonwealth)— (i) by a resident of Queensland; or (ii) in relation to damage that happened in Queensland; (r) the person has submitted to the jurisdiction of the Court; (s) the subject matter of the proceeding, so far as it concerns the person, is property in Queensland; (t) the proceeding concerns the construction, effect or enforcement of— (i) an Act; or (ii) an Imperial or Commonwealth Act that affects property in Queensland; (u) the proceeding concerns the effect or enforcement of an executive, Ministerial or administrative act done, or purported to have been done, under an Act; (v) the proceeding relates to an arbitration held in Queensland; (w) the proceeding is for the wardship, custody, management or welfare of an infant, or a mentally ill person, who is domiciled or present in, or a resident of, Queensland; (x) the proceeding, so far as it concerns the person, falls partly within 1 or more of paragraphs (a) to (w). ‘(3) Each paragraph of subrule (2) is to be construed independently of the other paragraphs and the construction of a paragraph is not to be taken to affect the construction of another paragraph. ’. (2) Order 11, rule 1A— omit.

6 Supreme Court Rules Amendment (No. 6) No. 327, 1993 ENDNOTES 1. Made by the Governor in Council on 26 August 1993. 2. Notified in the Gazette on 27 August 1993. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Department of Justice and Attorney-General. The State of Queensland 1993