Australian Capital Territory Current Regulations

COURT PROCEDURES RULES 2006 - REG 1110

    (1)     A defendant in a proceeding may apply to the court for an order dismissing the proceeding for want of prosecution if the plaintiff—

        (a)     is required to take a step in the proceeding required by these rules, or to comply with an order of the court, not later than the end of a particular time; and

        (b)     does not do what is required before the end of that time.

Note     Pt 6.2 (Applications in proceedings) applies to an application for an order under this rule.

    (2)     The court may dismiss the proceeding or make any other order it considers appropriate.

    (3)     An order dismissing the proceeding for want of prosecution may be set aside only on appeal or if the parties agree to it being set aside.

    (4)     However, the court may amend or set aside an order dismissing the proceeding for want of prosecution made in the absence of the plaintiff without the need for an appeal.

Note     Rule 6901 (Orders may be made on conditions) provides that the court may make an order under these rules on any conditions it considers appropriate.