Uniform Civil Procedure Rules 2005
Current version for 15 March 2013 to date (accessed 19 May 2013 at 07:47)

11A.11   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 proceedings, or
(b)  a certificate of service of initiating process has been filed in the proceedings (being a certificate in due form within the meaning of rule 11A.6 (2)) that states that service has not been effected,
      and the defendant has not appeared or filed a notice of address for service.
(2)  If this rule applies, default judgment may not be given against the defendant 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 on which 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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