Commonwealth Numbered Regulations

1984 No. 258 FEDERAL COURT RULES (AMENDMENT) - RULE 5

5. Rule 23 of Order 11 of the Federal Court Rules is repealed and the
following rule substituted: Procedure on Default

"23. (1) Where a party is in default in filing and serving any pleading as
required by this Order, any other party may move the Court on notice-

   (a)  if the party in default is an applicant-for an order that the
        proceeding be stayed or dismissed as to the whole or any part of the
        relief claimed by him in the proceeding;

   (b)  if the party in default is a respondent-for judgment or an order
        against him; or

   (c)  for an order that pleadings be filed and served within the time
        limited in the order.



"(2) The Court may make an order of the kind mentioned in sub-rule (1) or any
other order or may give such directions, and specify such consequences for
non-compliance with the order, as the Court thinks just.

"(3) This rule does not limit the powers of the Court to punish for
contempt.".