Commonwealth Numbered Regulations

1979 No. 140 FEDERAL COURT RULES - RULE 32.2

2. (1) If, when a proceeding is called on for trial, any party is absent, the
Court may-

   (a)  order that the trial be not had unless the proceeding is again set
        down for trial, or unless such other steps are taken as the Court may
        direct;

   (b)  adjourn the trial;

   (c)  if the party absent is an applicant or cross-claimant dismiss the
        action or the cross-claim; or

   (d)  proceed with the trial generally or so far as concerns any claim for
        relief in the proceeding.

(2) Where the Court proceeds with a trial in the absence of a party, and at or
at the conclusion of the trial an order is made, the Court, on motion by that
party, may set aside or vary the order, and may give directions for the
further conduct of the proceeding.

(3) Sub-rule (2) does not enable the Court to vary the verdict, finding or
assessment of a jury at a trial except with the consent of each interested
party present at the trial.