Australian Capital Territory Current Regulations

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COURT PROCEDURES RULES 2006 - REG 4310

Magistrates Court order made in absence of party may be set aside—general

    (1)     This rule applies if a party does not appear in a criminal proceeding and an order is made.

    (2)     However, this rule does not apply if the defendant

        (a)     had entered a plea of guilty under the href="http://www.legislation.act.gov.au/a/1930-21" title="A1930-21">Magistrates Court Act 1930

, section 116D (Pleas to prescribed offence); and

        (b)     did not withdraw the plea before the order was made; and

        (c)     did not appear in the proceeding.

    (3)     On application by the party who did not appear, the court may set aside the order.

Note     Pt 6.2 (Applications in proceedings) applies to the application.



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