Commonwealth Numbered Regulations

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1979 No. 140 FEDERAL COURT RULES - RULE 20.1

Summary judgment
1. (1) Where, in relation to the whole or any part of the applicant's claim
for relief, there is evidence of the facts on which the claim or part is
based, and-

   (a)  there is evidence given by the applicant or by some responsible person
        that, in the belief of the person giving the evidence, the respondent
        has no defence to the claim or part;

   (b)  the respondent's defence discloses no answer to the applicant's claim
        or part; or

   (c)  the respondent is in default of appearance, the applicant may move on
        notice for such judgment for the applicant on that claim or part and
        the Court may pronounce such judgment and make such orders as the
        nature of the case requires.

(2) Where the Court pronounces judgment against a party under this rule, and
that party claims relief against the party obtaining the judgment, the Court
may stay execution on, or other enforcement of, the judgment until
determination of the claim by the party against whom the judgment is directed
to be entered.

(3) The Court in any application under this rule may give such directions,
whether for amendment of the pleadings or otherwise, as may be thought fit.



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