Commonwealth Numbered Regulations

1979 No. 140 FEDERAL COURT RULES - RULE 39.1

1. (1) Subject to sub-rule (2), where a party claims an account or makes a
claim which involves taking an account, the Court may, on application by that
party at any stage of the proceedings-

   (a)  order that an account be taken; and

   (b)  order that any amount certified on taking the account to be due to any
        party be paid to him.

(2) The Court shall not make an order under sub-rule (1)-

   (a)  as against a respondent who has not filed an appearance unless he is
        in default of appearance; or

   (b)  if it appears there is some preliminary question to be determined.