111Conditional notice of intention to respond

111 Conditional notice of intention to respond (1) If a defendant proposes to challenge the court’s jurisdiction or to assert an irregularity, the defendant must file a conditional notice of Note See also r 109 (Notice of intention to respond or defence—person incorrectly served as partner). (2) If a defendant files an unconditional notice of intention to respond or defence, the defendant is taken to have submitted to the court’s jurisdiction, and waived any irregularity in the proceeding or defect in service of the originating process. (3) If a defendant files a conditional notice of intention to respond, the defendant must apply for an order under rule 40 (Setting aside originating process etc) not later than 28 days after the day the notice is filed. (4) If the defendant does not apply for an order under rule 40 before the end of the 28-day period, or the defendant applies but the application is refused, the conditional notice of intention to respond becomes an unconditional notice of intention to respond. (5) If the conditional notice of intention to respond becomes an unconditional notice of intention to respond and the proceeding was started by originating claim, the defendant must file a defence not later than 14 days after the day the conditional notice becomes an unconditional notice.

Notice of intention to respond and defence—proceedings in Supreme Division 2.3.2 Rule 150 Division 2.3.2 Notice of intention to respond and defence—proceedings in Supreme 150 Application—div 2.3.2 This division applies only in relation to a proceeding in the Supreme Court for the possession of land.