Document ID: chunk:federal_register_of_legislation:C2021C00487:section:13
Version: federal_register_of_legislation:C2021C00487
Segment Type: section
Provision Reference: s 13
Character Range: 29775–31377

13  When the defendant must file an appearance

Period within which defendant must file appearance
 (1) A defendant who is served with an initiating document in New Zealand under section 9 and who wishes to file an appearance in the issuing Australian court or tribunal must do so within:
 (a) the period (the default period) which is the longer of the following periods:
 (i) 30 working days of the issuing Australian court or tribunal after the day on which the initiating document was served on the defendant;
 (ii) the period within which the procedural rules of the issuing Australian court or tribunal would have required or permitted the defendant to file an appearance if the initiating document had been served in the place of issue; or
 (b) if, before or after the end of the default period, the plaintiff or defendant applies to the issuing Australian court or tribunal for a shorter or longer period—any shorter or longer period the court or tribunal considers appropriate.

Meaning of appearance
 (2) Appearance means a document that:
 (a) a defendant who has been served under section 9 with an initiating document files in the issuing Australian court or tribunal in response to the initiating document; and
 (b) states an address for service in Australia or New Zealand (despite paragraph (c)); and
 (c) either:
 (i) complies with any requirements which the document must comply with under the procedural rules of the issuing Australian court or tribunal; or
 (ii) the issuing Australian court or tribunal determines to be acceptable despite any non‑compliance with such requirements.