Queensland Consolidated Regulations

UNIFORM CIVIL PROCEDURE RULES 1999 - REG 525

525 Failure to attend settlement conference

(1) This rule applies if a person directed to attend a settlement conference fails to attend the conference.

(2) If the court is satisfied by affidavit that the person who failed to attend was given notice of the date, time and place of the settlement conference, the court may—

(a) if the party failing to attend is the plaintiff or the plaintiff’s counsel or solicitor—stay or dismiss the proceeding; or

(b) if—

(i) the party failing to attend is a defendant or the defendant’s counsel or solicitor; and

(ii) the claim discloses a sufficient cause of action;

make the orders or give the judgment the court considers just; or

(c) make the order for costs the court considers appropriate, whether or not the court makes an order under paragraph (a) or (b) or gives judgment under paragraph (b) .

(3) Also, the court may give the directions for listing the proceeding for hearing or for holding another settlement conference the court considers appropriate in the circumstances.

(4) If the court makes an order or gives judgment under subrule (2) , the court may, on application made within the time the court considers reasonable, set aside the order and order a new trial.