New South Wales Consolidated Regulations

UNIFORM CIVIL PROCEDURE RULES 2005 - REG 48.19

48.19 Judgment in absence of defendant

(cf SCR Part 81, rule 38B)

(1) Unless the Supreme Court otherwise orders, a judgment based on infringement of a trade mark may not be given or entered against a defendant in his or her absence unless the plaintiff files an affidavit that the proceedings are not in contravention of section 128 of the Trade Marks Act 1995 of the Commonwealth.

(2) Unless the Supreme Court otherwise orders, a judgment based on section 129 of the Trade Marks Act 1995 of the Commonwealth may not be given or entered against a defendant in his or her absence unless the plaintiff files an affidavit that the proceedings are not in contravention of section 129(5) of that Act.