Commonwealth Consolidated Regulations

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FEDERAL CIRCUIT COURT RULES 2001 - RULE 13.07

Disposal by summary judgment

             (1)  This rule applies if, in a proceeding:

                     (a)  in relation to the whole or part of a party's claim there is evidence of the facts on which the claim or part is based; and

                     (b)  either:

                              (i)  there is evidence given by a party or by some responsible person that the opposing party has no answer to the claim or part; or

                             (ii)  the Court is satisfied that the opposing party has no reasonable prospect of successfully defending the claim or part.

             (2)  The Court may give judgment on that claim or part and make any orders or directions that the Court considers appropriate.

             (3)  If the Court gives judgment against a party who claims relief against the party obtaining the judgment, the Court may stay execution on, or other enforcement of, the judgment until determination of that claim.



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