Commonwealth Consolidated Acts

SERVICE AND EXECUTION OF PROCESS ACT 1992 - SECT 17

  (1)   If the person served is required or permitted to enter an appearance under a law of the place of issue, the period after service within which the person may enter an appearance is:

  (a)   whichever is the longer of the following periods:

  (i)   21 days;

  (ii)   the period in which the appearance would have been required or permitted to be entered if the process had been served in the place of issue; or

  (b)   such shorter period as the court of issue, on application, allows.

  (1A)   If, under a provision (the State provision ) of the law of the place of issue, the period in which an appearance is required or permitted to be entered in respect of process served in the place of issue varies according to the distance of the place of service from another place, the period referred to in subparagraph   ( 1)(a)(ii) is to be calculated by reference to the longest distance mentioned in the State provision.

  (2)   The matters that the court must take into account in determining an application to allow a shorter period include:

  (a)   urgency; and

  (b)   the places of residence or business of the parties; and

  (c)   whether a related or similar proceeding has been commenced against the person or another person.