The respondent spouse brought a motion to set aside a default judgment and multiple prior family court orders, arguing he had never been served with the originating application and related documents.
The court reviewed the service rules under Rule 6 of the Family Law Rules and the test for setting aside default judgments articulated in appellate authority.
Although the moving party acted promptly after learning of the enforcement proceedings, the court found no plausible explanation for his failure to respond where service had been effected at his residence and he admitted ignoring his mail.
The court declined to set aside most prior orders, including those granting exclusive possession and authorizing sale of the matrimonial home.
However, the order noting the moving party in default was set aside and leave was granted to file an Answer and participate in the remaining support and equalization proceedings.
