Commonwealth Consolidated Regulations

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FEDERAL COURT RULES 2011 - RULE 35.33

Absence of a party

  (1)   If a party is absent when an application under rule   35.12 or 35.14 is called on for hearing, any other party may apply to the Court for an order that:

  (a)   if the absent party is the applicant:

  (i)   the application be dismissed; or

  (ii)   the application be adjourned; or

  (iii)   the hearing proceed only if specified steps are taken; or

  (b)   if the absent party is the respondent:

  (i)   the hearing proceed generally or in relation to a particular aspect of the application; or

  (ii)   the hearing be adjourned; or

  (iii)   the hearing proceed only if specified steps are taken.

  (2)   If a hearing proceeds in a party's absence and during or at the conclusion of the hearing an order is made, the party who was absent may apply to the Court for an order:

  (a)   setting aside or varying the order; and

  (b)   for the further conduct of the proceeding.

Rules   35.34 - 35.40 left blank


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