Restriction on power to enter default judgment if certificate of service not filed
10.71 Restriction on power to enter default judgment if certificate of service not filed
This rule applies if:
a certificate of service of initiating process has not been filed in the proceeding; or
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.
If this rule applies, default judgment may not be given against the respondent unless the Court is satisfied that:
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
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
every reasonable effort has been made:
to obtain a certificate of service from the relevant certifying authority; or
to effect service of the initiating process;
as the case requires.
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