Commonwealth Consolidated Regulations

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FAMILY LAW RULES 2004 - RULE 22.45

Dismissal of appeal and applications for non-compliance or delay

             (1)  This rule applies if:

                     (a)  the appeal is not taken to have been abandoned; and

                     (b)  a party (the defaulting party ) has not:

                              (i)  met a requirement under these Rules or the Regulations;

                             (ii)  complied with an order in relation to the appeal (including an application for leave to appeal or application in relation to an appeal); or

                            (iii)  shown reasonable diligence in proceeding with an appeal or application.

             (2)  A court having jurisdiction in the appeal or application may:

                     (a)  if the defaulting party is the appellant or the applicant:

                              (i)  dismiss the appeal or application; or

                             (ii)  fix a time by which a requirement is to be met and order that the appeal or application will be dismissed if the order imposing the requirement is not complied with; or

                     (b)  if the defaulting party is the respondent:

                              (i)  fix a time by which a requirement is to be met and order that the appeal or application will proceed if the order imposing the requirement is not complied with; or

                             (ii)  proceed to hear the appeal or application.

             (3)  The court may make an order under subrule (2) on its own initiative if, at least 14 days before making the order, written notice has been given to the parties about the date and time when the court will consider whether to make the order.

             (4)  An application for costs in relation to an appeal or application dismissed under this rule must be made within 28 days after the dismissal.

   



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