Australian Capital Territory Current Regulations Australian Capital Territory Current Regulations(1) This rule applies if a party (the defaulting party ) does not comply with an order to take a step in a proceeding in the court.
(2) A party who is entitled to the benefit of the order may apply to the court for an order under this rule against the defaulting party.
Note Pt 6.2 (Applications in proceedings) applies to the an application for an order or leave under this rule.
(3) The application—
(a) must set out the grounds on which it is based; and
(b) is evidence of the grounds stated in the application.
(4) On the hearing of the application, the court may—
(a) give judgment against the defaulting party; or
(b) extend time to comply with the order that has not been complied with; or
(c) give directions; or
(d) make any other order.
(5) The party who makes the application may reply to any material filed by the defaulting party.
(6) The application may be withdrawn with the agreement of all parties concerned in the application or with the court's leave.
(7) A judgment given under subrule (4) (a) may be set aside—
(a) if the application was made without being served on the defaulting party, or the court is satisfied the defaulting party was not present at the hearing of the application for good reason—on an application to set the judgment aside; or
(b) otherwise—only on appeal.
(8) The powers of the court under this rule are additional to any other powers of the court under a territory law.
Note A territory law includes these rules (see href="http://www.legislation.act.gov.au/a/2001-14" title="A2001-14">Legislation Act
, s 98).
(9)
This rule does not limit the powers of the court to punish for contempt of
court.