Tasmanian Consolidated Regulations

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SUPREME COURT RULES 2000 - REG 970K

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 970F(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 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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