Commonwealth Numbered Regulations

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FEDERAL COURT RULES 2011 (SLI NO 134 OF 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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