970LSetting aside judgment in default of appearance

### 970L Setting aside judgment in default of appearance > > (1)  This rule applies if default judgment has been entered against the defendant in proceedings to which this Division applies. > > > (2)  If this rule applies, the Court may set aside the judgment on the application of the defendant if it is satisfied that the defendant – > > > > > > (a) without any fault on the defendant’s part, did not have knowledge of the initiating process in sufficient time to defend the proceedings; and > > > > > > > (b) has a prima facie defence to the proceedings on the merits. > > > (3)  An application to have a judgment set aside under this rule may be filed – > > > > > > (a) at any time within 12 months after the date on which the judgment was given; or > > > > > > > (b) after the expiry of that 12-month period, within such time after the defendant acquires knowledge of the judgment as the Court considers reasonable in the circumstances. > > > (4)  Nothing in this rule affects any other power of the Court to set aside or vary a judgment.