Australian Capital Territory Current Regulations

COURT PROCEDURES RULES 2006 - REG 6559

    (1)     This rule applies if—

        (a)     a certificate of service of initiating process in due form under rule 6555 (2) is filed in a proceeding stating that the initiating process has been served; and

        (b)     the defendant in the proceeding has not filed a notice of intention to respond or defence.

    (2)     The court must not enter default judgment against the defendant unless satisfied that—

        (a)     the initiating process was served on the defendant—

              (i)     by a method of service prescribed by the internal law of the Hague Convention country in which the document was served for the service of documents in domestic proceedings on people within its territory; or

              (ii)     by a particular method of service—

    (A)     that the applicant requested; and

    (B)     under which the document was delivered to the defendant or the defendant's home; and

    (C)     that is compatible with the law in force in the Hague Convention country in which the document was served; or

              (iii)     if the applicant did not request a particular method of service—in circumstances in which the defendant accepted the document voluntarily; and

        (b)     the initiating process was served in sufficient time for the defendant to file a notice of intention to respond or defence in the proceeding.

    (3)     In this rule:

"sufficient time" means—

        (a)     42 days after the date stated in the certificate of service of initiating process as the date on which the document was served; or

        (b)     if, in the circumstances, the court considers a shorter time is sufficient time for the defendant to file a notice of intention to respond—the shorter time.