Service of Process and Jurisdiction in Queensland Civil Procedure (Video Lecture Notes)

Vocabulary flashcards covering terms related to service of process, jurisdiction, and extraterritorial service from the lecture.

Run of the writ

The moment service occurs, crystallizing the court's jurisdiction; if the defendant is within the run of the writ at service, the court has jurisdiction. It also serves a natural justice function by notifying the defendant.

Personal service

Service of the originating process on a natural person by handing over the sealed copy; formal requirements are in Rule 106 and related authorities.

Ordinary service

Non-personal service (e.g., by post) for subsequent documents after personal service has occurred; not sufficient for the initial service on a natural person.

Originating process

The initial claim or application that starts a civil proceeding; must be personally served on a natural person.

Statement of claim

The document detailing the factual allegations and relief sought; accompanies the originating process and must be served.

Rule 106

Rule governing personal service on natural persons.

Corporations Act s109X

Provision outlining how to serve a corporation, typically by posting to the registered address.

Service on a corporation (registered address)

For corporate defendants, service by post to the registered address counts as valid personal service under the Corporations Act.

Form 1

Prescribed form attached to interstate/CEPA service documents; absence renders service ineffective.

Form 10C

Notice accompanying the originating process indicating entitlement to apply under 127(2) and challenging service; required with CEPA/ interstate service.

CEPA (Service on interstate defendants)

Service framework allowing Queensland-originating processes to be served on defendants in other jurisdictions; requires Form 1 and related procedures.

Trans Tasman Proceedings Act (TTPA)

Law allowing service of Australian proceedings on New Zealand defendants in a manner consistent with local rules.

Hague Convention

International method of service through foreign authorities; costly and slow, governed by Rule 130 and related provisions.

Exorbitant/long-arm jurisdiction

Power to serve a defendant outside Australia under heads in Rule 125 (Supreme Court) or Rule 129F (District Court) when there is a real and substantial connection.

Rule 125

Heads for service out in Supreme Court matters, including torts/contract with Australia; basis for extraterritorial service.

Rule 129F

Heads for service out in district court matters; similar to 125 but for district court jurisdictions.

Agar and Hyde

Classic authority on serving out requires fitting the action within one of the heads for extraterritorial service (egregious jurisdiction).

Spiliada

Test for forum non conveniens: assess connecting factors to decide the appropriate forum for trial.

Voth test (clearly inappropriate forum)

Test to determine whether a proposed forum is clearly inappropriate; used to justify staying, transferring, or declining jurisdiction under certain scenarios.

Zhang v Renault (inappropriate forum under 127.2b)

Case aligning the 127.2b test with the Voth approach, used to assess whether a forum is inappropriate for international defendants.

Laurie and Carroll

Extraterritorial substituted service principle: if the defendant is amenable to service somewhere, the court may substitute service at another jurisdiction; requires amenability to service first.

Kendall and Sweeney

Key authority requiring an affidavit proving impracticability for substituted service; more than mere inconvenience is needed.

Chappell and Coyle

Emphasizes the need for affidavit material to show substituted service is reasonably likely to bring proceedings to the defendant's attention.

Substituted service

Court-ordered service method when personal service is impracticable; must be reasonably likely to inform the defendant of the proceedings (Rule 116).