Commonwealth Consolidated Regulations

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

             (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.

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