Howard v National Bank of New Zealand Ltd (2002) 121 FCR 366

Facts: P (Howard) commenced proceedings against D (National Bank of New Zealand) in FCA. Originating process (OP) was issued in QLD Federal Court, but served on D without leave of court. D instructed their NZ solicitors to accept service in NZ, therefore, this was a service out of jurisdiction within Federal Court Rules 1979. P sought an order confirming the validity of service.

Held: Service was effective due to the instruction to the solicitors. In this case, lawyers had ‘unqualified instructions’ from D to receive OP on behalf of them and they received it. They had also told this to P’s lawyers. This was enough to bring the D within the jurisdiction of the FCA. The agreement can be made either formal or informal ad hoc way. Whether D is within jurisdiction is irrelevant.