Tasmanian Consolidated Regulations
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SUPREME COURT RULES 2000 - REG 970L
Setting aside judgment in default of appearance
(1) This rule applies if default judgment has been entered against the
defendant in proceedings to which this Division 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 defendants part, did not have knowledge of
the initiating process in sufficient time to defend the proceedings; and
(b) has a prima facie defence to the proceedings on the merits.
(3) An application to have a judgment set aside under this rule may be
filed
(a) at any time within 12 months after the date on which the judgment was
given; or
(b) after the expiry of that 12-month 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.
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