Australian Capital Territory Current Regulations

COURT PROCEDURES RULES 2006 - REG 5441

    (1)     If a party is not present when the appeal is called on for hearing, the Court of Appeal may—

        (a)     order that the hearing not proceed unless a hearing date is again set for the appeal or the other steps directed by the Court of Appeal are taken; or

        (b)     adjourn the hearing; or

        (c)     if the absent party is an appellant or cross-appellant—dismiss the appeal or cross-appeal; or

        (d)     proceed with the hearing, either generally or in relation to the decision sought in the appeal; or

        (e)     for an appeal against conviction or sentence, and the absent party is the appellant who is on bail and is not represented by a legal practitioner—make another order the court considers appropriate or issue a warrant for the appellant's arrest.

    (2)     The Court of Appeal may make an order, or do anything else, mentioned in subrule (1) on application by a party to the appeal or on its own initiative.

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

    (3)     If the appeal or cross-appeal is dismissed under subrule (1) (c), and the Supreme Court considers there are special circumstances to set aside the dismissal, the Court may, on application by the appellant or cross-appellant—

        (a)     set aside the dismissal; and

        (b)     give directions for the further conduct of the appeal.

    (4)     If the hearing proceeds under subrule (1) (d) in the absence of the party and an order is made, the Supreme Court may, on application by the party—

        (a)     amend or set aside the order; and

        (b)     give directions for the further conduct of the appeal.