|Some References, Definitions, and Notes Used by WhistleBlowers|
In Farrow Mortgage Services Pty Ltd v Victor Tunevitsch Pty Ltd, Victor Valentine
ValentineTunevitsch and Virginia Kaye Tunevitsch No 1383/1991 Judgment No. A56/1994, at Para
"Most cases of irregular judgments fall into two categories. One
category is when a plaintiff obtains a judgment in circumstances
where he or she is entitled to no judgment whatever. Examples
include a judgment in default of appearance or defence when <
either the writ has not been served or the statement of claim has
not been delivered, or the time for the appearance or defence has
not expired. Courts have almost always set aside such a judgment
upon the basis that a defendant is entitled to an order setting
it aside ex debito justitiae. The judgment is treated as a
proceeding which is void or a nullity rather than one which is
merely irregular. A void proceeding is of no legal effect and
cannot be cured by amendment.
Anlaby v Praetorius at 768-9;Craig v Kanssen (1943) KB 256 at 259.