Rule 356

Application to set aside a decision by default

Rules of Procedure

Part 5 – General provisions

Chapter 11 – Decision by default

Rule 356 – Application to set aside a decision by default
  1. A party against whom a decision by default has been given may lodge an Application to set aside that decision within one month of service of the decision.
  2. The Application to set aside a decision by default shall contain the party’s explanation for the default. It shall mention the date and number of the decision by default. The party shall pay a fee for the Application to set aside the decision by default, in accordance with Part 6. In the case of Rule 355.1(a) the Application shall be accompanied by the step the party has failed to take.
  3. If the provisions of paragraph 2 are met the Application shall be allowed unless a party has been put on notice in an earlier decision that a further decision by default shall be final. If the Application is allowed, a note of allowance shall be included in any publication of the decision by default.

Link to this rule | To table of contents | Table of Court fees

Relation with Agreement:

Relation with Statute:

Article 37 – Decision by default

Linking to this rule:

Rule 355 – Decision by default (Court of First Instance)

Rule 357 – Decision by default (Court of Appeal)

Rule 370 – Court fees

Table of Court fees:

III. Other procedures and actions (Court of First Instance)

IV. Court of Appeal