21AMRestriction on power to enter default judgment if certificate of service not filed

#### 21AM Restriction on power to enter default judgment if certificate of service not filed (1) This regulation applies if: (a) a certificate of service of initiating process has not been filed in the proceedings; or (b) a certificate of service of initiating process has been filed in the proceedings (being a certificate in due form, within the meaning of subregulation 21AH(2)) that states that service has not been effected; and the defendant has not appeared or filed a notice of address for service. (2) If this regulation applies, default judgment may not be given against the defendant unless the court is satisfied that: (a) the initiating process was forwarded to the Central Authority, or to an additional authority, for the Convention country in which service of the initiating process was requested; and (b) a period that is adequate in the circumstances (being a period of not less than 6 months) has elapsed since the date on which initiating process was so forwarded; and (c) every reasonable effort has been made: (i) to obtain a certificate of service from the relevant certifying authority; or (ii) to effect service of the initiating process; as the case requires.