Western Australian Current Acts Western Australian Current Acts (1) If the appellant
is in default in entering the appeal for hearing within the required time or
taking any necessary step in connection therewith, any party to the appeal may
apply to the Court by summons served on the appellant for an order dismissing
the appeal.
(2) If the appellant
does not appear, either personally or by a legal practitioner, at the hearing
of the appeal, or if the Court is satisfied on an application under subsection
(1) that the appellant is in default as mentioned in that subsection, the
Court may do one or more of the following —
(a)
dismiss the appeal;
(b)
require the appellant to take any specified step within a specified time, and
dismiss the appeal if he fails to comply with that requirement;
(c)
require the appellant to pay costs;
(d) make
such other order as the Court thinks fit.
(3) An application by
way of summons under subsection (1) may be heard and determined in the absence
of the appellant if it is proved that the appellant was served with the
summons.
(4) This section does
not limit the power of the Court to determine an appeal under section 26(2).
[Section 34 amended: No. 20 of 2023 s. 38.]