Commonwealth Consolidated Regulations

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FEDERAL COURT RULES 2011 - RULE 33.33

Absence of party

  (1)   If a party is absent when an appeal is called on for hearing, the opposing party may apply to the Court for an order that:

  (a)   if the absent party is the applicant to the appeal:

  (i)   the appeal be dismissed; or

  (ii)   the hearing be adjourned; or

  (b)   if the absent party is the respondent to the appeal:

  (i)   the hearing proceed generally or in relation to a particular claim for relief in the appeal; or

  (ii)   the hearing be adjourned.

  (2)   If an appeal is dismissed because the applicant to the appeal was absent, the applicant may apply to the Court for an order:

  (a)   to set aside the dismissal; and

  (b)   for the further conduct of the appeal.

Note:   The Court can make an order on its own initiative--see rule   1.40.


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