Queensland Consolidated Regulations

LAND COURT RULES 2022 - REG 31

31 Failure to prosecute proceedings

(1) A respondent in a proceeding, other than a recommendatory proceeding, may apply to the court for an order dismissing the proceeding for want of prosecution if—

(a) the applicant or appellant is required under these rules to take a step in the proceeding, or is required to comply with an order of the court, within a stated time; and

(b) the applicant or appellant does not take the step or do what is required within the stated time.

(2) If an application is made under subrule (1) , the court may—

(a) dismiss the proceeding; or

(b) make any order it considers appropriate in the circumstances.

(3) An order dismissing a proceeding for want of prosecution may be set aside only—

(a) on appeal; or

(b) if the parties to the proceeding agree to the order being set aside.

(4) However, despite subrule (3) , if the order was made in the absence of the applicant or appellant, the court may, on terms the court considers appropriate, vary or set aside an order dismissing a proceeding for want of prosecution.