Tasmanian Consolidated Regulations

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SUPREME COURT RULES 2000 - REG 570

Absence of party at trial
(1)  If, when the trial of a proceeding is called on –
(a) the plaintiff or applicant appears and a defendant or respondent does not appear, the plaintiff or applicant –
(i) may prove the claim against that defendant or respondent; and
(ii) is entitled to judgment dismissing any counterclaim or cross-application brought by that defendant or respondent; or
(b) a plaintiff or applicant does not appear, a defendant or respondent who does appear –
(i) is entitled to judgment dismissing the proceeding insofar as it is brought by that plaintiff or applicant; and
(ii) may prove any counterclaim or cross-application brought against that plaintiff or applicant; or
(c) no party appears, the proceeding may be struck out and wholly discontinued and no party is entitled to costs.
(2)  On the application of a party who did not appear at trial made within 14 days after trial, the Court or a judge may set aside or vary any judgment, order or verdict obtained under subrule (1) .



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