Supreme Court Rules 1987

(a) a certificate of service of initiating process has been filed in the proceedings, being a certificate in due form (within the meaning of rule 7A.06(2)) that states that service has been duly effected; and

(b) the defendant has not appeared or filed a notice of address for service.

(2) In circumstances to which this rule applies, default judgment may not be given against the defendant unless the Court is satisfied that:

(a) the initiating process was served on the defendant:

(i) by a method of service prescribed by the internal law of the Hague Convention country for the service of documents in domestic proceedings on persons who are within its territory; or

(ii) if the applicant requested a particular method of service (being a method under which the document was actually delivered to the defendant or to his or her residence) and that method is compatible with the law in force in the country – by that method; or

(iii) if the applicant did not request a particular method of service – in circumstances where the defendant accepted the document voluntarily; and

(b) the initiating process was served in sufficient time to enable the defendant to file an appearance in the proceedings.

sufficient time means:

(a) 42 days from the date specified in the certificate of service in relation to the initiating process as the date on which service of the process was effected; or

(b) such lesser time as the Court considers, in the circumstances, to be a sufficient time to enable the defendant to file an appearance in the proceedings.