Commonwealth Numbered Regulations

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FAMILY LAW RULES 20042003 No. 375 - RULE 12.09

Non-compliance

(1) If, within the time specified in a trial notice:

(a)
the orders in the trial notice are not complied with; or

(b)
a compliance certificate is not filed;

the Registry Manager may cancel the pre-trial conference.

(2)
If the pre-trial conference is cancelled, the Registry Manager must list the case for further procedural orders by a Judge.

Note
See rules 11.01 and 11.02 for the court's powers relating to case management and default.

(3) If:

(a)
a pre-trial conference is cancelled; and

(b) within 12 weeks after the date when the conference was cancelled:

(i)
the orders in the trial notice are not complied with; and
(ii)
a compliance certificate is not filed;

the court must dismiss the orders sought by the non-complying party unless there are exceptional circumstances.



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