Commonwealth Consolidated Regulations

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FEDERAL COURT RULES 2011 - RULE 36.75

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 appellant:

  (i)   the appeal be dismissed; or

  (ii)   the hearing be adjourned; or

  (iii)   the hearing proceed only if specified steps are taken; or

  (b)   if the absent party is the respondent:

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

  (ii)   the hearing be adjourned; or

  (iii)   the hearing proceed only if specified steps are taken.

  (2)   If a hearing proceeds in a party's absence and during or at the conclusion of the hearing an order is made, the party who was absent may apply to the Court for an order:

  (a)   setting aside or varying the order; and

  (b)   for the further conduct of the hearing.

 


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