Commonwealth Consolidated Regulations

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FEDERAL COURT RULES 2011 - RULE 26.01

Summary judgment

             (1)  A party may apply to the Court for an order that judgment be given against another party because:

                     (a)  the applicant has no reasonable prospect of successfully prosecuting the proceeding or part of the proceeding; or

                     (b)  the proceeding is frivolous or vexatious; or

                     (c)  no reasonable cause of action is disclosed; or

                     (d)  the proceeding is an abuse of the process of the Court; or

                     (e)  the respondent has no reasonable prospect of successfully defending the proceeding or part of the proceeding.

             (2)  The application must be accompanied by an affidavit stating:

                     (a)  the grounds of the application; and

                     (b)   the facts and circumstances relied on to support those grounds.

             (3)  The application and the accompanying affidavit must be served on the party against whom the order is sought at least 14 days before the hearing of the application.

             (4)  If an order is made under subrule (1) dismissing part of the proceeding, the proceeding may be continued for that part of the proceeding not disposed of by the order.

             (5)  If an order is made under subrule (1) giving judgment for the applicant against the respondent for the whole or part of the applicant's claim, a respondent who has a cross-claim against the applicant or some other party may:

                     (a)  continue to prosecute the cross-claim against the applicant or other party; and

                     (b)  apply to the Court for an order staying execution on or enforcement of the judgment until the respondent's cross-claim is determined.

Note:          See also section 31A of the Act.

Rules 26.02-26.10 left blank



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