Wednesday, May 8, 2013


Appearance to state address for service
             (1)  An appearance entered after service of the initiating process must state an address within Australia as an address for service.
             (2)  The appearance is effective only if it contains an address for service.
             (3)  The court of issue must set aside the appearance if, on application by the party by whom or on whose behalf the process was served, the court is satisfied that the address for service contained in the appearance is false or misleading.
             (4)  Subsection (3) does not limit the court's power to set aside an appearance.
             (5)  For the purposes of this Act, if the appearance would not have been required to contain an address for service had the initiating process been served in the same State as the State of the court of issue:
                     (a)  the appearance is taken to contain an address for service if it states an address of the person entering the appearance; and
                     (b)  that address is taken to be the address for service. 

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