Australian Capital Territory Current Regulations Australian Capital Territory Current Regulations(1) If a defendant does not appear when the trial starts, the plaintiff may call evidence to establish an entitlement to judgment against the defendant in the way the court directs.
Note Pt 6.2 (Applications in proceedings) applies to an application for directions or an order under this rule.
(2) If the plaintiff does not appear when the trial starts, the court may dismiss the plaintiff's originating process and the defendant may call evidence to establish an entitlement to judgment under a counterclaim against the plaintiff, in the way the court directs.
(3) Despite subrule (2), the defendant may submit to judgment if the plaintiff does not appear when the trial starts.
(4) If neither the plaintiff nor the defendant appear when the trial starts, the court may, on its own initiative, order that the proceeding (including any counterclaim by the defendant) be dismissed and make no order for costs.
(5) On application made not later than 7 days after the day judgment is entered because of this rule, the court may amend or set aside the judgment.
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.