Commonwealth Numbered Regulations

[Index] [Table] [Search] [Search this Regulation] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

1984 No. 258 FEDERAL COURT RULES (AMENDMENT) - RULE 6

6. Rule 16 of Order 15 of the Federal Court Rules is repealed and the
following rule substituted- Procedure on Default

"16. (1) Where a party does not file or serve a list of documents or affidavit
or other document or does not produce any document as required by or under
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 such document, affidavit or list of documents be
        filed, served or produced 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.". 


AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback