Commonwealth Consolidated Regulations

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FEDERAL COURT RULES 2011 - RULE 10.70

Restriction on power to enter default judgment if certificate of service filed

             (1)  This rule applies if:

                     (a)  a certificate of service of initiating process has been filed in the proceeding (being a certificate in due form (within the meaning of rule 10.66(2)), stating that service has been duly effected; and

                     (b)  the respondent has not appeared or filed a notice of address for service.

             (2)  In circumstances to which this rule applies, default judgment may not be given against the respondent unless the Court is satisfied that:

                     (a)  the initiating process was served on the respondent:

                              (i)  by a method of service prescribed by the internal law of the Convention country for the service of documents in domestic proceedings on persons who are within its territory; or

                             (ii)  if the applicant requested a particular method of service (being a method under which the document was actually delivered to the respondent or to the respondent's residence) and that method is compatible with the law in force in the country, by that method; or

                            (iii)  if the applicant did not request a particular method of service, in circumstances where the respondent accepted the document voluntarily; and

                     (b)  the initiating process was served in sufficient time to enable the respondent to enter an appearance in the proceeding.

             (3)  In paragraph (2)(b), sufficient time means:

                     (a)  42 days from the date specified in the certificate of service in relation to the initiating process as the date service of the process was effected; or

                     (b)  such lesser time as the Court considers, in the circumstances, to be a sufficient time to enable the respondent to enter an appearance in the proceeding.



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