Commonwealth Consolidated Regulations

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FEDERAL COURT RULES 2011 - RULE 5.23

Orders on default

  (1)   If an applicant is in default, a respondent may apply to the Court for an order that:

  (a)   a step in the proceeding be taken within a specified time; or

  (b)   the proceeding be stayed or dismissed for the whole or any part of the relief claimed by the applicant:

  (i)   immediately; or

  (ii)   on conditions specified in the order.

  (2)   If a respondent is in default, an applicant may apply to the Court for:

  (a)   an order that a step in the proceeding be taken within a specified time; or

  (b)   if the claim against the respondent is for a debt or liquidated damages--an order giving judgment against the respondent for:

  (i)   the debt or liquidated damages; and

  (ii)   if appropriate, interest and costs in a sum fixed by the Court or to be taxed; or

  (c)   if the proceeding was started by an originating application supported by a statement of claim or an alternative accompanying document referred to in rule   8.05, or if the Court has ordered that the proceeding continue on pleadings--an order giving judgment against the respondent for the relief claimed in the statement of claim or alternative accompanying document to which the Court is satisfied that the applicant is entitled; or

  (d)   an order giving judgment against the respondent for damages to be assessed, or any other order; or

  (e)   an order mentioned in paragraph   (b), (c) or (d) to take effect if the respondent does not take a step ordered by the Court in the proceeding in the time specified in the order.

Note 1:   The Court may make any order that the Court considers appropriate in the interests of justice--see rule   1.32.

Note 2:   An order or judgment under this Division may be set aside or varied.


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