Commonwealth Consolidated Acts

SERVICE AND EXECUTION OF PROCESS ACT 1992 - SECT 20

  (1)   This section does not apply in relation to a proceeding in which the Supreme Court of a State is the court of issue.

  (2)   The person served may apply to the court of issue for an order staying the proceeding.

  (3)   The court may order that the proceeding be stayed if it is satisfied that a court of another State that has jurisdiction to determine all the matters in issue between the parties is the appropriate court to determine those matters.

  (4)   The matters that the court is to take into account in determining whether that court of another State is the appropriate court for the proceeding include:

  (a)   the places of residence of the parties and of the witnesses likely to be called in the proceeding; and

  (b)   the place where the subject matter of the proceeding is situated; and

  (c)   the financial circumstances of the parties, so far as the court is aware of them; and

  (d)   any agreement between the parties about the court or place in which the proceeding should be instituted; and

  (e)   the law that would be most appropriate to apply in the proceeding; and

  (f)   whether a related or similar proceeding has been commenced against the person served or another person;

but do not include the fact that the proceeding was commenced in the place of issue.

  (5)   The court's order may be made subject to such conditions as the court considers just and appropriate in order to facilitate determination of the matter in issue without delay or undue expense.

  (6)   The court may determine the application for an order without a hearing unless the applicant or a party objects.

  (7)   For the purposes of determining the application, the court may hold a hearing by audio link or audiovisual link .

  (8)   A person who is entitled to practise as a barrister, solicitor or both before a court in:

  (a)   the place of issue; or

  (b)   another State in which a person is participating in the hearing by audio link or audiovisual link ;

has a right of audience before the court at the hearing.

  (9)   This section does not affect the court's power to stay a proceeding on a ground other than the ground mentioned in subsection   ( 3).

  (10)   This section does not affect the operation of:

  (a)   the Jurisdiction of Courts (Cross - vesting) Act 1987 ; or

  (b)   a corresponding law of a State.