Commonwealth Numbered Regulations

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FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (FAMILY LAW) RULES 2021 (F2021L01197) - RULE 10.26

When a party is in default

             (1)  For the purposes of rule 10.27, an applicant is in default if the applicant fails to:

                     (a)  comply with an order of the court in the proceeding; or

                     (b)  file and serve a document required under these Rules; or

                     (c)  produce a document as required by Division 6.2.2; or

                     (d)  do any act required to be done by these Rules; or

                     (e)  prosecute the proceeding with due diligence.

             (2)  For the purposes of rule 10.27, a respondent is in default if the respondent fails to:

                     (a)  give an address for service before the time for the respondent to give an address has expired; or

                     (b)  file a response before the time for the respondent to file a response has expired; or

                     (c)  comply with an order of the court in the proceeding; or

                     (d)  file and serve a document required under these Rules; or

                     (e)  produce a document as required by Division 6.2.2; or

                      (f)  do any act required to be done by these Rules; or

                     (g)  defend the proceeding with due diligence; or

                     (h)  prosecute with due diligence any application the respondent has made in the proceeding.



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