11.4   Leave for plaintiff to proceed where no appearance by defendant

(cf SCR Part 10, rule 2)

(1)  If originating process is served on a defendant outside Australia, and the defendant does not enter an appearance, the plaintiff may not proceed against the defendant except by leave of the Supreme Court.

(2)  A motion for leave under subrule (1) may be made without serving notice of motion on the defendant.

Note. Rule 11.8 provides for the interaction between this Division and Part 11A (which deals with service of judicial documents under the Hague Convention). See Division 3 of Part 11A in relation to default judgment in proceedings in the Supreme Court after service overseas of a local judicial document.