Commonwealth Consolidated Regulations

HIGH COURT RULES 2004 - RULE 42.16

42.16.1     When an appellant has not done any act required to be done by or under these Rules, or otherwise has not prosecuted the appeal with due diligence, the Court or a Justice may:

  (a)   order that the appeal shall be dismissed for want of prosecution;

  (b)   fix a time for the doing of an act and, at the same time, order that upon non - compliance the appeal shall stand dismissed for want of prosecution or, subsequently and in the event of non - compliance, order that it be so dismissed; or

  (c)   make any other order as may seem just.

42.16.2     The Court or a Justice may make an order under rule   42.16.1:

  (a)   on application by a respondent on notice; or

  (b)   of its own motion after notice has been given by the Registrar to the appellant.

42.16.3     An order under rule   42.16.1 (b) may be varied at any time before the appeal stands dismissed for want of prosecution and, in special circumstances, may be varied or revoked after that time.