Commonwealth Consolidated Regulations

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FEDERAL COURT RULES 2011 - RULE 10.71

Restriction on power to enter default judgment if certificate of service not filed

             (1)  This rule applies if:

                     (a)  a certificate of service of initiating process has not been filed in the proceeding; or

                     (b)  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 not been effected;

and the respondent has not appeared or filed a notice of address for service.

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

                     (a)  the initiating process was forwarded to the Central Authority, or to an additional authority, for the Convention country in which service of the initiating process was requested; and

                     (b)  a period that is adequate in the circumstances (being a period of not less than 6 months) has elapsed since the date initiating process was so forwarded; and

                     (c)  every reasonable effort has been made:

                              (i)  to obtain a certificate of service from the relevant certifying authority; or

                             (ii)  to effect service of the initiating process;

as the case requires.



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