Australian Capital Territory Numbered Regulations Australian Capital Territory Numbered Regulations“17. (1) On application by a defendant to an originating process, the Court may, by order—
(a) set aside the originating process;
(b) set aside the service of the originating process on the defendant;
(c) declare that the originating process has not been duly served on the defendant;
(d) discharge an order giving leave to serve the originating process outside the Territory or confirming service of the originating process outside the Territory;
(e) discharge an order extending the validity for service of the originating process;
(f) protect or release—
(i) property seized, or threatened with seizure, in the proceedings; or
(ii) property subject to an order restraining its disposition or disposal, or in respect of which such an order is sought;
(g) declare that the Court has no jurisdiction over the defendant in respect of the subject matter of the proceedings;
(h) in its discretion—decline to exercise its jurisdiction in the proceedings; or
(j) grant any other relief that it thinks appropriate.
“(2) If the application is by a defendant on whom the originating process was served outside Australia, the Court may make the order on the ground that—
(a) the service of the originating process is not authorised by these Rules; or
(b) the Court is an inappropriate forum for the proceedings.
“(3) Application shall be by notice of motion—
(a) filed within the time limited for entering an appearance; and
(b) bearing a note ‘The defendant's address for service is' that states the defendant's address for service.
“(4) An application may be made without entering an appearance and is not taken to be a voluntary submission to the jurisdiction of the Court.”.