Document ID: chunk:federal_register_of_legislation:F2024C00687:reg:21am
Version: federal_register_of_legislation:F2024C00687
Segment Type: reg
Provision Reference: reg 21AM
Character Range: 71139–72333

21AM  Restriction on power to enter default judgment if certificate of service not filed
 (1) This regulation 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 subregulation 21AH(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 regulation 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 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.