Commonwealth Numbered Regulations

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1994 No. 357 INDUSTRIAL RELATIONS COURT RULES - ORDER 11 RULE 23

Procedure on Default
23. (1) Where a party is in default in filing and serving any pleading as
required by this Order, 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 the applicant in the proceeding;

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

   (c)  for an order that pleadings be filed and served within the time
        limited in the order.

(2) The Court may make an order of the kind mentioned in subrule (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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