Commonwealth Consolidated Regulations

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FEDERAL COURT RULES 2011 - RULE 41.02

Condition precedent not fulfilled

  (1)   If an order is made in favour of a party subject to the fulfilment of a condition, the party cannot enforce the order until the condition is fulfilled.

Note:   The Court can make order subject to conditions--see rule   1.33.

  (2)   However, the party may apply to the Court for an order for the revocation of the condition or the variation of the order.


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