Document ID: chunk:federal_register_of_legislation:F2024C00519:reg:4:p34
Version: federal_register_of_legislation:F2024C00519
Segment Type: reg
Provision Reference: reg 4 (pt 34/43)
Character Range: 194086–196814

country for the service of documents in domestic proceedings on persons who are within its territory; or
 (ii) if the applicant requested a particular method of service (being a method under which the document was actually delivered to the respondent or to the respondent's residence) and that method is compatible with the law in force in the country, by that method; or
 (iii) if the applicant did not request a particular method of service, in circumstances where the respondent accepted the document voluntarily; and
 (b) the initiating process was served in sufficient time to enable the respondent to enter an appearance in the proceeding.
 (3) In paragraph (2)(b), sufficient time means:
 (a) 42 days from the date specified in the certificate of service in relation to the initiating process as the date service of the process was effected; or
 (b) such lesser time as the Court considers, in the circumstances, to be a sufficient time to enable the respondent to enter an appearance in the proceeding.

10.71  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 proceeding; or
 (b) a certificate of service of initiating process has been filed in the proceeding (being a certificate in due form within the meaning of rule 10.66(2)), stating that service has not been effected;
and the respondent has not appeared or filed a notice of address for service.
 (2) If this rule applies, default judgment may not be given against the respondent 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 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.

10.72  Setting aside judgment in default of appearance
 (1) This rule applies if default judgment has been entered against the respondent in proceedings to which this Division applies.
 (2) If this rule applies, the Court may set aside the judgment on the application of the respondent if it is satisfied that the 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