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UNIFORM CIVIL PROCEDURE RULES 1999 - REG 130K

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

130K 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 proceeding; or
(b) a certificate of service of initiating process has been filed in the proceeding (being a certificate in due form within the meaning of rule 130F (2) ) stating 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 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.



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