Commonwealth Consolidated Acts

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SERVICE AND EXECUTION OF PROCESS ACT 1992 - SECT 52

Time for appearance

  (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 that person may enter an appearance is:

  (a)   2l days; or

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

  (2)   If the law of the place of issue does not provide for a procedure by which the person served may enter an appearance, a step is not to be taken in the proceeding before the end of a period of 21 days, or such shorter period as the tribunal, on application, allows, after service of the process.

  (3)   The matters that the tribunal 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.


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