Commonwealth Consolidated Regulations

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Application to dismiss appeal

             (1)  A respondent to an appeal may apply to the Court for an order that the appeal be dismissed for the failure by the applicant for the appeal to do any of the following:

                     (a)  comply with a direction of the Court;

                     (b)  comply with these rules;

                     (c)  attend a hearing relating to the appeal;

                     (d)  prosecute the appeal.

             (2)  An application under subrule (1) must be served on the applicant:

                     (a)  at the applicant's address for service; or

                     (b)  personally.

Note:          The Court may make orders subject to conditions--see rule 1.33. The Court may fix a time for the doing of an act and, in default, order the appeal be dismissed.

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