Court Procedures Rules 2006

This rule applies if the court has entered default judgment against the defendant in a proceeding to which this subdivision applies.

On application by the defendant, the court may set aside the default judgment if satisfied that the defendant—

without any fault on the defendant’s part, did not know about the initiating process in sufficient time to file a notice of intention to respond or defence; and

has a good defence to the proceeding on the merits.

Pt 6.2 (Applications in proceedings) applies to an application under this rule.

An application to set aside default judgment under this rule may be made—

at any time within 1 year after the day the judgment was entered; or

if the 1-year period has expired—within the time after the defendant learns of the judgment that the court considers reasonable in the circumstances.

The powers of the court under this rule are additional to any other powers of the court.