Document ID: chunk:federal_register_of_legislation:F2024L01638:reg:90
Version: federal_register_of_legislation:F2024L01638
Segment Type: reg
Provision Reference: reg 90
Character Range: 121303–122365

90  Setting aside judgment in default of appearance
 (1) This section applies if default judgment has been entered against the defendant in proceedings to which this Division applies.
 (2) 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 defendant's 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 section 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 section affects any other power of the court to set aside or vary a judgment.

Division 3—Service in countries that are parties to conventions other than the Hague Service Convention