Notice of conditional appearance (Rule 168(2)) (Form 15)

Rule 168 of the Supreme Court Rules 2000 (Tas) lets a defendant or respondent file and serve a notice of conditional appearance that denies the Court's jurisdiction, or reserves the right to apply to set aside the originating process or its service for an informality or irregularity that makes it invalid (r 168(1)). It must be in the prescribed form (r 168(2)), which is Form 15. A conditional appearance is not a submission to the jurisdiction, except as to costs of the notice and any application under the rule (r 168(3)). After filing, the defendant may apply to set aside the process or its service (r 168(4)). If that application is not made within 14 days after filing the notice, or is dismissed, the notice becomes an ordinary unconditional appearance unless the Court orders otherwise (r 168(5)).

When you need it

• You have been served with a writ or originating application and say the Supreme Court of Tasmania lacks jurisdiction.
• You say the process or its service is invalid, for example because of an irregularity in how it was served.
• You want to protect your position against default judgment while you challenge the process.
• If you only want to set aside service and have not yet appeared, rule 167 also allows that application.

1. 1

   Copy the heading

   Use the registry, proceeding number and parties from the writ or originating application.

2. 2

   Name who is appearing and choose the basis

   Insert the name of the defendant, respondent or third party, and keep the wording that applies: denying jurisdiction, or disputing the validity of the originating process or its service.

3. 3

   Specify the grounds

   Set out the grounds on which you will apply to set aside the process or its service.

4. 4

   Address for service

   Give your address for service with particularity, complying with rule 128.

5. 5

   Sign, date and address

   The party or practitioner signs. Address it to the plaintiff or applicant or their practitioner, and complete the footer.

• File the notice in a registry and serve it (r 168(1)). Lodge in person, by post or by approved email lodgment (rr 83, 87A). The form provides for the date it is sealed.
• File it within the period for appearance on the writ or application (generally 7 days after service in Tasmania, 21 days elsewhere in Australia: rr 98-99), so you are not a defaulting defendant.
• Apply to the Court or a judge to set aside the process or its service within 14 days after filing the notice, usually by interlocutory application (Form 41). Otherwise the appearance becomes unconditional (r 168(5)).

• Diarise the 14-day deadline from the date of filing, not service.
• If your application is dismissed, the appearance becomes unconditional, so be ready to file a defence.