Commonwealth Numbered Regulations

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1979 No. 140 FEDERAL COURT RULES - RULE 9.7

Setting aside originating process, &c.
7. (1) The Court may, on application made by a respondent to any originating
process on notice of motion filed within the time fixed by sub-rule (2), by
order-

   (a)  set aside the originating process;

   (b)  set aside the service of the originating process on the respondent;

   (c)  declare that the originating process has not been duly served on the
        respondent;

   (d)  discharge any order giving leave to serve the originating process
        outside Australia or confirming service of the originating process
        outside Australia.

(2) Notice of a motion under sub-rule (1) may be filed by a respondent before
he enters an appearance or within fourteen days after the date of entry of a
conditional appearance by him.



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