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Enter a conditional appearance object to courts

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Enter a conditional appearance Object to court’s jurisdiction, but prevents default judgment
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Procedure for Entering an Appearance On form, state name, address & contact details of person entering an appearance; Must be on the required form; Filed in the court registry; and Served on the plaintiff.
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Conditional appearance (r 8.08) Method of preserving right to object to procedural irregularities to jurisdiction or service A conditional appearance has the same effect as an unconditional appearance unless upon an application by the defendant the court otherwise orders (r 8.08(3)) There is a need to apply by summons within 14 days after the day the conditional appearance is filed (r 8.08(4)) [see O 46 and Form 46A for Summons] What happens when an unconditional appearance is filed by mistake and there is a need instead to file a conditional appearance?
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Conditional Appearance – Form 8B FORM 8B Rule 8.08(2) NOTICE OF CONDITIONAL APPEARANCE [ heading as in originating process ] FILE a conditional appearance for [ full name of defendant ] the abovenamed defendant. Dated [ e . g . 15 June 20 ]. [ Signed ] [ continue as in Form 8A ] 19
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Why enter a conditional appearance? Objections to jurisdiction Immunity Service Irregularities Forum non conveniens
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Examples of when it is Appropriate to enter a Conditional Appearance Service interstate and plaintiff did not comply with requirements of the Service and Execution of process Act 1992 (Cth). Def is a foreign head of state who claims immunity. Writ served on Def’s solicitor who had no instructions to accept service on def’s behalf
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Possible outcomes following Conditional Appearance 1. Court determines it has jurisdiction – defendant bound by that decision. 2. Court determines it lacks jurisdiction, or an irregularity or defect in process or service, court can stay or set aside proceedings.
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Summons post conditional appearance R 8.08(4) can make an application by summons within 14 days of filing the conditional appearance Re summons see O 46 and Form 46A
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FORM 46A Rule 46.04(1) SUMMONS [heading as in originating process] To: [identify each party or other person to whom summons is addressed and state address of each person not a party]. You are summoned to attend before the Court on the hearing of an application by the for [describe the order sought].
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