When is the deadline for application to set aside default judgment where the respondent was served under the service convention?
The catalogue records a 12 months period from The date the default judgment was given. This draft page remains free only until its source, worked example and limits are reviewed.
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Calculation basis and source
- Period
- 12 months
- Trigger
- The date the default judgment was given
- Counting
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- The Court may set aside the judgment only if satisfied of both matters in r 10.72(2): that the respondent, without any fault, did not have knowledge of the initiating process in sufficient time to defend, and that the respondent has a prima facie defence on the merits. Nothing in the rule affects the Court's other powers to set aside or vary a judgment (r 10.72(4)).
- Added on verification: missing from the researched catalogue. Applies only to proceedings within Division 10.4 Subdivision governing service under the Hague Service Convention, where default judgment has been entered against a respondent served abroad.