Queensland Consolidated Regulations

UNIFORM CIVIL PROCEDURE RULES 1999 - REG 130L

130L Setting aside judgment in default of appearance

(1) This rule applies if default judgment has been entered against the defendant in a proceeding to which this subdivision applies.

(2) If this rule applies, the court may set aside the judgment on the application of the defendant if it is satisfied that the defendant—

(a) without any fault on the defendant’s part, did not have knowledge of the initiating process in sufficient time to defend the proceeding; and

(b) has a prima facie defence to the proceeding on the merits.

(3) An application to have a judgment set aside under this rule may be filed—

(a) at any time within 1 year after the date on which the judgment was given; or

(b) after the expiry of that 1 year period, within such time after the defendant acquires knowledge of the judgment as the court considers reasonable in the circumstances.

(4) Nothing in this rule affects any other power of the court to set aside or vary a judgment.