Commonwealth Numbered Regulations

1994 No. 110 INDUSTRIAL RELATIONS COURT RULES - ORDER 30 RULE 5

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.