New South Wales Consolidated Regulations

DISTRICT COURT RULES 1973 - SECT 52.7

52.7 Affidavit of service of certain process

(1) In this rule, "process" means any summons or order (but not a subpoena), whereby a person is called upon to attend before the Court or a registrar on a day named in the process, and "return-day" means the day so named.

(2) Except where otherwise provided in the rules, where at noon on the day on which the registry is open for business most nearly preceding the return-day of any process:

(a) a person served with the process has filed no document in reply to the process, and

(b) no affidavit of service of the process on the person has been filed,

the party at whose instance the process was served shall be deemed to have discontinued, as against that person, the proceedings initiated by the process.

(3) The Court may if it thinks fit order on terms that any proceedings deemed to have been discontinued under subrule (2) may be continued.