970KRestriction on power to enter default judgment if certificate of service not filed

### 970K Restriction on power to enter default judgment if certificate of service not filed > > (1)  This rule 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 [rule 970F(2)](#GS970F@Gs2@EN) ) 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 rule 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 Hague 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.