Commonwealth Consolidated Regulations

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FEDERAL COURT RULES 2011 - RULE 36.41

Certain applications may be dealt with without an oral hearing

             (1)  A party may apply to the Court for an order that the following applications be dealt with without an oral hearing:

                     (a)  an application for an extension of time within which to institute an appeal;

                     (b)  an application to join or remove a party to an appeal;

                     (c)  an application for leave to amend the grounds of an appeal;

                     (d)  an application to give summary judgment;

                     (e)  an application to dismiss an appeal for:

                              (i)  a failure to comply with a direction of the Court; or

                             (ii)  a failure to attend a hearing related to the appeal; or

                            (iii)  want of prosecution;

                      (f)  an application for directions;

                     (g)  with the consent of the parties--an application to dispose of an appeal to the Court.

             (2)  If the Court makes an order under paragraphs (1)(a) to (e), each party must file the party's submissions in accordance with rule 36.42.

Note:          An application under subrule (1) may be heard and determined by a single Judge--see sections 25(2) and (2B) of the Act.



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