Appearance

2005

Colbran, Stephen

Editor(s): Colbran, S. E., Reinhardt, G. J., Spender, P., Jackson, S. M. and Douglas, R.

Book Chapter

en

Publication

LexisNexis Butterworths

Chatswood, Australia

3

une:1611

An appearance, or a notice of intention to defend as it is known in Queensland is the procedure used by the defendant to inform the plaintiff that he or she intends to defend the proceedings. Appearances can be of two types, though both types are not available in all jurisdictions. An unconditional appearance acknowledges the court's jurisdiction and waives any irregularity in service or commencement of proceedings. This is the most commonly used form of appearance. The other form of appearance is a conditional appearance. Conditional appearances do not waive procedural irregularities, but preserve arguments based on lack of jurisdiction and other irregularities. In the event that an appearance is nor entered, the defendant is at risk of a default judgment being entered against him or her. Appearances have been abolished in South Australia in favour of filing an address for service.

link

Civil Procedure - Commentary and Materials, p. 300-321

0409321761

300

321