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Uniform Civil Procedure Rules 2005
Current version for 9 April 2020 to date (accessed 4 August 2020 at 16:44)
16.3 Procedure where defendant in default
(cf SCR Part 17, rule 3; DCR Part 13, rule 1)
(1) If a defendant is in default, the plaintiff—(a) may apply for judgment to be given under this Part, according to the nature of his or her claim for relief, against the defendant in default, and(b) may carry on the proceedings against any other party to the proceedings.(1A) Unless the court otherwise orders, an application under this rule—(a) may be dealt with in the absence of the parties, and(b) need not be served on the defendant.(2) Unless the court orders otherwise, an application for judgment to be given under this Part must be accompanied by—(a) an affidavit of service of the statement of claim (the affidavit of service), and(b) an affidavit in support of the application (the affidavit in support).(3) An affidavit of service is unnecessary in relation to a statement of claim whose service has been effected by the Local Court under rule 10.1(2).(4) Unless the court orders otherwise, an affidavit in support is valid for the purposes of an application only if it has been sworn within 14 days before the date on which the application is filed.