Most lawyers know that there are special rules governing service
of proceedings outside of Australia, but there are also statutory
provisions governing inter-State service of proceedings. These
rules stem from our constitution and federal system of
government.
It is important to follow the requirements of these statutory
provisions closely to effectively serve the defendant and avoid the
proceedings being dismissed.
State and Federal legislation
In New South Wales, rule 10.3 of the Uniform Civil Procedure
Rules 2005 (NSW) (UCPR) provides that
proceedings in the Supreme Court of NSW that will be served in
another State must bear a statement specifying whether the
plaintiff intends to proceed under either:
