Commonwealth Numbered Regulations

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FEDERAL COURT RULES 2011 (SLI NO 134 OF 2011) - RULE 10.72

Setting aside judgment in default of appearance

         (1)   This rule applies if default judgment has been entered against the respondent in proceedings to which this Division applies.

         (2)   If this rule applies, the Court may set aside the judgment on the application of the respondent if it is satisfied that the respondent:

                (a)    without any fault on the respondent's part, did not have knowledge of the initiating process in sufficient time to defend the proceeding; and

               (b)    has a prima facie defence to the proceeding on the merits.

         (3)   An application to have a judgment set aside under this rule may be filed:

                (a)    at any time within 12 months after the date the judgment was given; or

               (b)    after the expiry of that 12-month period, within such time after the respondent acquires knowledge of the judgment as the Court considers reasonable in the circumstances.

         (4)   Nothing in this rule affects any other power of the Court to set aside or vary a judgment.

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