Commonwealth Numbered Regulations

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FAMILY LAW RULES 20042003 No. 375 - RULE 11.02

Failure to comply with a legislative provision or order
(1)
If a step is taken after the time specified for taking the step by these Rules, the Regulations or a procedural order, the step is of no effect.

Note
A defaulter may apply to the court for relief from this rule (see rule 11.03).

(2) If a party does not comply with these Rules, the Regulations or a procedural order, the court may:

(a)
dismiss all or part of the case;

(b)
set aside a step taken or an order made;

(c)
determine the case as if it were undefended;

(d)
make any of the orders mentioned in rule 11.01;

(e)
order costs;

(f)
prohibit the party from taking a further step in the case until the occurrence of a specified event; or

(g)
make any other order the court considers necessary, having regard to the main purpose of these Rules (see rule 1.04).

Note
This list does not limit the powers of the court. It is an expectation that a non-defaulting party will minimise any loss.



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