New South Wales Consolidated Regulations

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Definition of "in default"

16.2 Definition of "in default"

(cf SCR Part 17, rule 2; DCR Part 13, rule 1; LCR Part 11, rule 1)

(1) A defendant is
"in default" for the purposes of this Part--
(a) if the defendant fails to file a defence within the time limited by rule 14.3(1) or within such further time as the court allows, or
(b) if the defendant fails to file any affidavit verifying his or her defence in accordance with any requirement of these rules, or
(c) if, the defendant having duly filed a defence, the court orders the defence to be struck out.
(2) Despite subrule (1), a defendant is not in default if the defendant--
(a) has made a payment towards a liquidated claim under rule 6.17, or
(b) has filed an acknowledgment of claim under rule 20.34, or
(c) has filed a defence after the time limited by these rules or allowed by the court, but before a default judgment is given against the defendant.

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