Northern Territory Consolidated Regulations Northern Territory Consolidated Regulations(1) A Judge or an Associate Judge may make a self-executing order:
(a) dismissing a proceeding; or
(b) striking out a pleading in a proceeding;
for a party's failure to comply with these Rules or an order of the Court.
(2) An order under subrule (1) may be made:
(a) despite that the default was that of the party's solicitor; and
(b) despite that the default by the party or the party's solicitor was not contumelious.
(3) An order under subrule (1) is of no effect unless:
(a) it is made in the presence of the parties; or
(b) it is served personally on the party at fault within the time fixed by the Judge or Associate Judge for service of the order; or
(c) it is served on the party at fault in accordance with an order for substituted service made by the Court.
(4) For the purpose of enabling an order under subrule (1) to be served in accordance with subrule (3), the solicitor for the party at fault must provide to the solicitor for the party in whose favour the order is made with the address of the party at fault that is last known to the solicitor.
(5) On an application by interlocutory summons in the matter made within one month after the making of an order under subrule (1), a Judge may reinstate the proceeding dismissed or the pleading struck out despite that judgment may have been entered in the matter.
(6) Despite subrule (5), on a motion filed at any time with the special leave of a Judge, a Judge may reinstate a proceeding dismissed, or a pleading struck out, under subrule (1).
(7) A Judge who reinstates a proceeding or pleading under subrule (5) or (6):
(a) may reinstate the proceeding or pleading on the terms as to costs the Judge thinks fit, including a term that the costs thrown away be paid before the proceeding or pleading is reinstated; and
(b) may require the party at fault to lodge with the Court security for future costs in the proceeding.