Australian Capital Territory Current Regulations

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COURT PROCEDURES RULES 2006 - REG 1613

Orders—setting aside etc

    (1)     The court may amend or set aside an order before the filing of the order.

Note 1     Order is defined in the dictionary to include judgment (see also def  made ).

Note 2     Pt 6.2 (Applications in proceedings) applies to an application for an order under this rule.

    (2)     The court may set aside an order at any time if—

        (a)     the order was made in the absence of a party; or

        (b)     the order was obtained by fraud; or

        (c)     the order is for an injunction or the appointment of a receiver; or

        (d)     the order does not reflect the court's intention at the time the order was made; or

        (e)     the party who has the benefit of the order consents; or

        (f)     for a judgment for specific performance, the court considers it appropriate for reasons that have arisen since the order was made.

    (3)     If the court sets aside an order, it may also set aside any order made to enforce the order.

    (4)     If the court sets aside an order under subrule (3), the setting aside of the order does not affect the title to any property sold under the order before it is set aside.

    (5)     This rule does not apply to a default judgment.

Note     See r 1128 (Default judgment—setting aside etc) in relation to setting aside a default judgment.



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