Commonwealth Numbered Regulations Commonwealth Numbered Regulations(1) If a party is absent when an application for leave to appeal or an application referred to in subrule 4.02(1) 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 proceedings.
Note: For the form of an application under this rule and requirements relating to service, see rule 9.01.