Commonwealth Numbered Regulations

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1984 No. 258 FEDERAL COURT RULES (AMENDMENT) - RULE 7

7. Rule 9 of Order 16 of the Federal Court Rules is repealed and the following
rule substituted- Procedure on Default

"9. (1) Where a party does not comply with an order under rule 5 or rule 8 to
file or serve a statement or affidavit, 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 the proceeding;

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

   (c)  for an order that the statement or affidavit be filed or served within
        the time limited in that 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.". 


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