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r 11.03

Registrar may make order or refer to Judge

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

11.03 Registrar may make order or refer to Judge

(1) If a registrar is satisfied that an order for default judgment should be made, the registrar may:

(a) make the order and, where applicable, an order for the assessment of damages or value of goods; and

(b)

enter judgment to the extent of the order made.

(2) If a registrar is not satisfied that an order for default judgment should be made, the registrar may:

(a)

direct that a further affidavit or declaration be filed;

(b)

give directions relating to the application;

(c)

refer the matter to a Judge; or

(d)

refuse to make the order.

(3) Where a registrar refers an application to a Judge, the Judge may:

(a)

make the order sought;

(b)

order that:

(i)

judgment as to liability only be entered; and

(ii)

damages or the value of goods be assessed;

(c)

direct that a further affidavit or declaration be filed;

(d)

give directions relating to the application; or

(e)

refuse to make the order.

(4) Where a Judge directs that a further affidavit or declaration be filed, a registrar may make an order for default judgment on the filing of that document.

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