When is the deadline for supreme court - apply to set aside default judgment after service abroad under the hague service convention?
The catalogue records a 12 months period from The date on which 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 on which the default judgment was given
- Counting
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- Beyond 12 months the defendant is not shut out: r 7A.12(3)(b) allows filing within such time after the defendant acquires knowledge of the judgment as the Court considers reasonable in the circumstances. Relief also requires the substantive grounds in r 7A.12(2), namely that the defendant, without any fault on the defendant's part, did not have knowledge of the initiating process in sufficient time to defend, and has a prima facie defence on the merits. Nothing in the rule affects any other power of the Court to set aside or vary a judgment (r 7A.12(4)).
- Added on verification: omitted by the researcher. Applies only to Order 7A (Service under Hague Convention), that is where the initiating process was served abroad under the Hague Service Convention. "Month" means a calendar month: Interpretation Act 1978 (NT) definitions of "month" and "calendar month". Filing at the Registry, so r 3.01(5) applies; SCR r 3.04(1) excludes 24 December to 9 January. Verified against the Supreme Court Rules 1987 (NT) as in force at 23 June 2025 (legislation.nt.gov.au).