Northern Territory Consolidated Regulations

[Index] [Table] [Search] [Search this Regulation] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

SUPREME COURT RULES 1987 - REG 7A.11

Restriction on power to enter default judgment if certificate of service not filed

    (1)     This rule applies if:

        (a)     a certificate of service of initiating process has not been filed in the proceedings; or

        (b)     a certificate of service of initiating process has been filed in the proceedings (being a certificate in due form within the meaning of rule 7A.06(2)) that states that service has not been effected;

and the defendant has not appeared or filed a notice of address for service.

    (2)     If this rule applies, default judgment may not be given against the defendant unless the Court is satisfied that:

        (a)     the initiating process was forwarded to the Central Authority, or to an additional authority, for the Hague Convention country in which service of the initiating process was requested; and

        (b)     a period that is adequate in the circumstances (being a period of not less than 6 months) has elapsed since the date on which the initiating process was so forwarded; and

        (c)     every reasonable effort has been made:

            (i)     to obtain a certificate of service from the relevant certifying authority; or

            (ii)     to effect service of the initiating process;

as the case requires.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback