Document ID: chunk:federal_register_of_legislation:F2024L01638:reg:89
Version: federal_register_of_legislation:F2024L01638
Segment Type: reg
Provision Reference: reg 89
Character Range: 120084–121303

89  Restriction on power to enter default judgment if Convention certificate of service is not filed
 (1) This section applies if:
 (a) a Convention certificate of service of initiating process has not been filed in the proceedings; or
 (b) a Convention certificate of service of initiating process has been filed in the proceedings (being a certificate in due form, within the meaning of subsection 84(2)) that states that service has not been effected;
and the defendant has not appeared or filed a notice of address for service.
 (2) 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 a Convention additional authority, for the 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 to, as the case requires:
 (i) obtain a Convention certificate of service from the relevant Convention certifying authority; or
 (ii) effect service of the initiating process.