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r 11.01

When party may apply for order

In force
Chapter 1General Rules
Part 11Order in default of defence

11.01 When party may apply for order

A party may apply for an order for default judgment in accordance with Form 11A:

(a)

where a defendant fails to file a notice of defence within

28 days after being served with the statement of claim;

(aa)

where a respondent fails, within 28 days of being served with an originating application between parties, to file a notice of intention to appear;

(b)

where the Court makes an order under rule 10.04(1)(b),

16.08(1)(c), 17.07(2) or 32.10(e) permitting the plaintiff or other party to proceed as if a notice of defence had not been filed; or

(c)

not later than 28 days after the Court orders a notice of defence be struck out under rule 28.02.

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