Australian Capital Territory Numbered Regulations Australian Capital Territory Numbered Regulations“1. In this Order—
“2. This Order applies where an originating process has been transmitted under paragraph 5 (b) of Order 11A to a foreign additional authority or a foreign Central Authority.
“3. (1) Where this Order applies and the Registrar has received a certificate of service in accordance with rule 6 of Order 11A, the Court may enter judgment in default of appearance by the defendant if, and only if, the originating process has been served in sufficient time to enable the defendant to defend the proceedings—
(a) by a method of service prescribed by the law of the Convention country in which service has been effected for the service of documents in domestic actions upon persons who are within its territory;
(b) by a method requested in the request for service, being a method—
(i) that is not prohibited by the law of the Convention country in which service has been effected; and
(ii) under which the document has been delivered to the defendant personally or to his or her place of residence; or
(c) by delivery to the defendant, who has accepted it voluntarily.
“(2) In subrule (1) the reference to sufficient time shall be read as a reference to the period of 42 days or such shorter period as the Court considers, in the circumstances, to be sufficient to enable the defendant to defend the proceedings.
“4. For the purposes of any other Order that enables a plaintiff to proceed on default of appearance by the defendant, the filing of a certificate of service under rule 6 of Order 11A shall be deemed to be sufficient compliance with any requirement to file an affidavit of service or a notice in lieu of service.
“5. Where this Order applies and a certificate of service in accordance with rule 6 of Order 11A has not been received by the Registrar, the Court may enter judgment in default of appearance by the defendant if—
(a) a period of time that the Court considers adequate in the circumstances of the particular case, being a period of not less than 6 months, has elapsed since the date on which the originating process was transmitted under paragraph 5 (b) of Order 11A; and
(b) the Court is satisfied that every reasonable effort has been made to obtain a certificate from the foreign additional authority or foreign Central Authority to which the process had been transmitted, or another competent authority in the Convention country in which service had been requested to be effected.
“6. Rule 5 does not limit any power that the Court may have to make an interlocutory or a provisional or protective order.
“7. (1) Where a judgment has been entered under rule 5, the Court may, on the application of the defendant, set it aside if satisfied that the defendant—
(a) without any fault on his or her part, did not have knowledge of the originating process in sufficient time to defend the proceedings; and
(b) has a prima facie defence to the action on the merits.
“(2) An application to have a judgment set aside under this rule may be brought only within such period of time after the defendant acquires knowledge of the judgment as the Court considers reasonable in the circumstances.
“(3) Nothing in this rule affects any other power that the Court has to set aside or vary a judgment.
“8. (1) Subject to subrule (2), where—
(a) this Order applies; and
(b) a provision of any other Order is inconsistent with a provision of this Order;
the first-mentioned provision does not apply to the entry of judgments in default of appearance to the extent of the inconsistency.
“(2) The power of the Court to enter judgment in default of appearance under this Order against a person who is under a disability is subject to the provisions of any other Order that restricts such power.”.