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Topic 4: Jurisdiction/ Limitation Periods/ Service
LAWS 4013 - Civil Procedure and Arbitration
57 Pages • Complete Study Notes • Year: Pre-2021
Territorial Jurisdiction pg.157 It is not necessarily sufficient to give a court jurisdiction that the subject matter of a proceeding is a matter which may ordinarily be determined by the court. It is also necessary that the court have jurisdiction over the defendant. This is generally referred to as ‘territorial’ or ‘in personam’ jurisdiction. Presence in the jurisdiction The principal basis for jurisdiction over an action in personam is the presence of a defendant in the jurisdiction. In Laurie v Carroll (1958) 98 CLR 310, extracted below, the High Court considered the rationale for this jurisdiction and expounded a number of principles about it. CASE: Laurie v Carroll 1958
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