Commonwealth Consolidated Regulations Commonwealth Consolidated Regulations(1) This regulation applies if:
(a) a certificate of service of initiating process has not been filed in the proceedings; or
(b) a certificate of service of initiating process has been filed in the proceedings (being a certificate in due form, within the meaning of subregulation 21AH(2)) that states that service has not been effected;
and the defendant has not appeared or filed a notice of address for service.
(2) If this regulation applies, default judgment may not be given against the defendant 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 on which 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.