Australian Capital Territory Current Regulations

COURT PROCEDURES RULES 2006 - REG 1117

    (1)     For this division, a defendant is in default in relation to a plaintiff's claim for relief if—

Note     Plaintiff and defendant are defined in r 20.

        (a)     for a proceeding started by originating claim—

              (i)     the defendant does not file a notice of intention to respond or defence within the time required by rule 102 (Notice of intention to respond or defence—filing and service) or any further period agreed between the relevant parties or allowed by the court; or

              (ii)     the defendant files a notice of intention to respond within the time required by rule 102 or any further period agreed by the parties or allowed by the court, but does not file a defence within the time required by rule 102 or any further period agreed between the relevant parties or allowed by the court; or

              (iii)     the defendant files a conditional notice of intention to respond that becomes an unconditional notice of intention to respond but does not file a defence within the time required by rule 111 (Conditional notice of intention to respond) or any further period agreed between the relevant parties or allowed by the court; or

              (iv)     the defendant files a defence but the court orders the defence to be struck out; and

Note     Subrule (1) (a) applies to a person not a party to the original proceeding who is included as a party by a counterclaim (see r 462 (4) (a) and (5)).

        (b)     for a counterclaim—

              (i)     the defendant to the counterclaim does not file an answer to the counterclaim within the time required by rule 466 (3) (Counterclaim—answer to) or any further period agreed between the relevant parties or allowed by the court; or

              (ii)     the defendant to the counterclaim files an answer to the counterclaim but the court orders the answer to be struck out; and

        (c)     for a third-party notice—

              (i)     the third party does not file a notice of intention to respond or defence within the time required by rule 102 or any further period agreed between the relevant parties or allowed by the court; or

              (ii)     the third party files a notice of intention to respond within the time required by rule 102 or any further period agreed by the parties or allowed by the court, but does not file a defence within the time required by rule 102 or any further period agreed between the relevant parties or allowed by the court; or

              (iii)     the third party files a conditional notice of intention to respond that becomes an unconditional notice of intention to respond but does not file a defence within the time required by rule 111 or any further period agreed between the relevant parties or allowed by the court; or

              (iv)     the third party files a defence but the court orders the defence to be struck out.

Note 1     Pt 2.3 (Notice of intention to respond and defence) applies to a third-party notice (see r 311 (Third-party notice—notice of intention to respond and defence)).

Note 2     Rule 425 (Pleadings—striking out) deals with striking out of defences and answers.

Note 3     Rule 6351 (Time—extending and shortening by court order) provides for the extending of time by the court.

    (2)     However, the defendant is not in default in relation to the plaintiff's claim for relief if—

        (a)     for a proceeding started by originating claim—

              (i)     the proceeding is stayed under rule 1102 (Stay of debt etc proceeding on payment of amount sought); or

              (ii)     the defendant files a statement under rule 1104 (Judgment on acknowledgment of debt or liquidated demand); or

              (iii)     the defendant files a defence after the time required by rule 102 or any further period agreed between the relevant parties or allowed by the court, but before a default judgment is entered against the defendant; or

        (b)     for a counterclaim—the defendant to the counterclaim files an answer to the counterclaim after the time required by rule 466 (3) or any further period agreed between the relevant parties or allowed by the court, but before a default judgment is entered against the defendant to the counterclaim; or

        (c)     for a third-party notice—the third party files a defence after the time required by rule 102 or any further period agreed between the relevant parties or allowed by the court, but before a default judgment is entered against the third party.