Australian Capital Territory Current Regulations Australian Capital Territory Current Regulations(1) This rule applies if a party—
(a) after receiving notice of a directions or listing hearing, in a proceeding, does not attend the hearing; or
(b) fails to comply with a direction about the conduct of a proceeding.
(2) The court may do any of the following:
(a) give the further directions it considers appropriate;
(b) dismiss the application or proceeding;
(c) make an order for costs for or against a party;
(d) adjourn the application or hearing;
(e) make another order dealing with the proceeding it considers appropriate.
(3) Without limiting subrule (2), the court may consider, and give directions in relation to, the following matters at a directions hearing:
(a) requests for particulars;
(b) filing further pleadings;
(c) amending pleadings;
(d) challenges to any pleading;
(e) discovery, either in full or limited to particular issues;
(f) interrogatories;
(g) alternative dispute resolution, including mediation;
(h) statements of agreed facts;
(i) evidence by affidavit;
(j) service or exchange of expert reports.
Note The court has a general power to make directions about the conduct of a proceeding (see r 1401 (Directions generally)).
(4) The court may act under this rule on application by a party or on its own initiative.
Note Pt 6.2 (Applications in proceedings) applies to an application under this rule.
(5) In deciding whether to dismiss the application or proceeding, the court must have regard to the principle that the interests of justice are paramount.