UNIFORM CIVIL PROCEDURE RULES 2005 - REG 6.10 Time for appearance

UNIFORM CIVIL PROCEDURE RULES 2005 - REG 6.10

6.10 Time for appearance

(cf SCR Part 7, rule 5, Part 11, rule 6)

(1) For the purposes of these rules, the time limited for a defendant to enter an appearance (whether by filing a notice of appearance in accordance with this Division or by filing a defence in accordance with Division 4) is--

(a) in the case of proceedings commenced by statement of claim--

(i) 28 days after service on the defendant of the statement of claim or such other time as the court directs for the filing of a defence, or

(ii) if the defendant makes an unsuccessful application to have the statement of claim set aside, 7 days after the refusal of the application,

whichever is the later, or

(b) in the case of proceedings commenced by summons--

(i) on or before the return day stated in the summons, or

(ii) if the defendant makes an unsuccessful application to have the summons set aside, 7 days after the refusal of the application,

whichever is the later.

(2) A reference in subrule (1)(b) to a summons extends, in relation to the Land and Environment Court, to an application that, in accordance with the rules of that Court, commences proceedings in Class 1, 2 or 3 of that Court's jurisdiction.