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COMMONWEALTHAct
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s 27

Judgments or orders in default of appearance

In force
Part IIIService and judgments

27 Judgments or orders in default of appearance

(1)

A judgment in default of appearance must not be entered against a foreign State, or an order for the registration of a foreign judgment, or for the recognition or enforcement of a foreign award, in default of appearance must not be made against a foreign State, unless:

(a)

it is proved that service of the initiating process was effected in accordance with this Act and that the time for appearance has expired; and

(b)

the court is satisfied that, in the proceeding, the foreign State is not immune.

(2)

A judgment in default of appearance must not be entered against a separate entity of a foreign State, or an order for the registration of a foreign judgment, or for the recognition or enforcement of a foreign award, in default of appearance must not be made against a separate entity of a foreign State, unless the court is satisfied that, in the proceeding, the separate entity is not immune.

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