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Section 62:

Courts (Civil Procedure) Act

consolidated text (as at 2011, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.

62. Application to be supported by affidavit (1) An application for leave to file and serve, or to issue and serve, as the case may be, an initial process on a defendant out of the jurisdiction shall be supported by affidavit stating that in the belief of the deponent the plaintiff has a good cause of action, and showing in what place or country the defendant is or probably may be found, and whether such defendant is a Commonwealth citizen or not, and the grounds upon which the application is made. (2) No leave shall be granted unless the Court or Judge is satisfied that the case is a proper one for service out of the jurisdiction under this Act. (3) Where the Court or Judge is satisfied that the plaintiff has no means of ascertaining where the defendant is or probably may be found, leave to issue the initial process may nevertheless be granted where leave has been obtained to bring the action before the District Court.

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