Commonwealth Numbered Regulations

1993 No. 40 FEDERAL COURT RULES (AMENDMENT) - RULE 4

4.1 Omit the Order, substitute:
                           "ORDER 30

SETTING DOWN Interpretation

"1. (1) In this Order:
'applicant' includes a plaintiff;
'respondent' includes a defendant.

"(2) In this Order:

   (a)  a reference to the trial of a proceeding includes any interlocutory
        hearing for which a date for trial is required to be fixed in the
        proceeding; and

   (b)  the rules apply, with any necessary modification, to proceedings
        commenced by way of cross-claim. Request to fix date for trial (Form
        44)

"2. (1) If the time provided for taking any step in a proceeding has ceased to
run, and no date has been fixed for the trial of the proceeding, a party who
is not in default may request the Registrar to fix a date for the trial by
filing a notice in accordance with Form 44 in the First Schedule.

"(2) The party filing notice must serve a copy of the notice on all other
parties to the proceeding within 3 days after filing it. Fixing date for trial

"3. Where the Court or the Registrar is satisfied that a proceeding is ready
for trial and fixes a date for trial, the Registrar must notify the date and
place of the trial to all parties to the proceeding as soon as practicable
after the date is fixed. Notice of date for trial and payment of hearing fees
(Form 44A)

"4. Within 7 days after being notified of the date for trial, the party
requesting that a date for trial be fixed or, if there is no such request, the
applicant, must:

   (a)  file in the Registry a notice in accordance with Form 44A in the First
        Schedule and, at the same time, pay the fee (if any) payable under
        regulation 2A of the Federal Court of Australia Regulations; and

   (b)  serve a copy of the notice on all other parties to the proceeding.
        Want of prosecution

"5. (1) If, before or after the date for trial of a proceeding is fixed, a
party has not done any act required to be done by or under these Rules or has
not prosecuted the proceeding with due diligence, the Court may:

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

   (b)  if the party in default is a respondent-order that judgment be entered
        or an order be made against the respondent; or

   (c)  make any other order or give any directions that the Court thinks
        just, and specify such consequences for non-compliance with the order
        or the directions as the Court thinks just.

"(2) An order or direction under subrule (1) may be given:

   (a)  when a party not in default moves on notice for an order or direction;
        or

   (b)  after notice of default has been given by the Registrar to the party
        in default-of the Court's own motion. Place of trial

"6. (1) Subject to subrule (2), the place of trial of a proceeding is to be
the proper place.

"(2) On the application of a party or of its own motion, the Court may direct
that the trial, or part of the trial, of a proceeding be held at a place other
than the proper place. Vacating date for trial

"7. A date for trial fixed by the Court may be vacated only by order of the
Court.".