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Court Procedures Rules
6559Restriction on power to enter default judgment if
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6559 Restriction on power to enter default judgment if
certificate of service filed
(a) a certificate of service of initiating process in due form under
rule 6555 (2) is filed in a proceeding stating that the initiating
process has been served; and
(b) the defendant in the proceeding has not filed a notice of intention
to respond or defence.
Rule 6559
(2) The court must not enter default judgment against the defendant
unless 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 in which the document was
served for the service of documents in domestic
proceedings on people within its territory; or
(ii) by a particular method of service—
(A) that the applicant requested; and
(B) under which the document was delivered to the
defendant or the defendant’s home; and
(C) that is compatible with the law in force in the Hague
Convention country in which the document was
served; or
(iii) if the applicant did not request a particular method of
service—in circumstances in which the defendant accepted
the document voluntarily; and
(b) the initiating process was served in sufficient time for the
defendant to file a notice of intention to respond or defence in
sufficient time means—
(a) 42 days after the date stated in the certificate of service of
initiating process as the date on which the document was served;
or
(b) if, in the circumstances, the court considers a shorter time is
sufficient time for the defendant to file a notice of intention to
respond—the shorter time.
Rule 6560