Document ID: chunk:federal_register_of_legislation:F2024C00519:reg:4:p35
Version: federal_register_of_legislation:F2024C00519
Segment Type: reg
Provision Reference: reg 4 (pt 35/43)
Character Range: 196572–199329

respondent:
 (a) without any fault on the respondent'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 12 months after the date the judgment was given; or
 (b) after the expiry of that 12‑month period, within such time after the respondent 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.

10.73  Local service of foreign judicial documents – application of rules 10.74 to 10.76
 (1) Rules 10.74 to 10.76 apply to service in this jurisdiction of a foreign judicial document in relation to which a due form of request for service has been forwarded to the Court:
 (a) by the Attorney‑General's Department, whether in the first instance or following a referral under rule 10.74; or
 (b) by a forwarding authority.
 (2) Subject to subrule (3), a request for service in this jurisdiction is in due form if it is in accordance with Form 27 and is accompanied by the following documents:
 (a) the document to be served;
 (b) a summary of the document to be served, which must be in accordance with Form 26;
 (c) a copy of the request and of each of the documents mentioned in paragraphs (a) and (b);
 (d) if either of the documents mentioned in paragraphs (a) and (b) is not in the English language, an English translation of the document.
 (3) Any translation required under paragraph (2)(d) must bear a certificate (in English) signed by the translator stating:
 (a) that the translation is an accurate translation of the document; and
 (b) the translator's full name and address and the translator's qualifications for making the translation.

10.74  Certain documents to be referred to Attorney‑General's Department
  If, after receiving a request for service in this jurisdiction, a Registrar is of the opinion:
 (a) that the request does not comply with rule 10.73; or
 (b) that the document to which the request relates is not a foreign judicial document; or
 (c) that compliance with the request may infringe Australia's sovereignty or security;
the Registrar must refer the request to the Attorney‑General's Department, together with a statement of the Registrar's opinion.
Note: The Attorney‑General's Department will deal with misdirected and non‑compliant requests, make arrangements for the service of extrajudicial documents and assess and decide questions concerning Australia's sovereignty and security.

10.75  Service
 (1) Subject to rule 10.73, on receipt of a request for service in