Australian Capital Territory Current Regulations Australian Capital Territory Current Regulations(1) This rule applies to an order other than a default judgment.
Note See r 1128 (Default judgment—setting aside etc) in relation to setting aside a default judgment.
(2) The court may amend or set aside the order—
(a) if the order has been entered—on its own initiative not later than 14 days after the day the order was entered; or
(b) in any case—on application made not later than 14 days after the day the order is entered.
(3) Despite rule 6351 (Time—extending and shortening by court order), the court must not extend the time mentioned in subrule (2).
(4) Despite subrule (2), the court may set aside the order on application or its own initiative 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.
(5) If the court sets aside the order under this rule, it may also set aside any order made to enforce the order.
(6) If the court sets aside the order under subrule (4), the setting aside of the order does not affect the title to any property sold under the order before it is set aside.
(7) Nothing in this rule affects any other power of the court to amend or set aside an order.