Commonwealth Numbered Regulations

1979 No. 140 FEDERAL COURT RULES - RULE 52.38

38. (1) Where an appellant has not done any act required to be done by or
under these Rules, or otherwise has not prosecuted his appeal with due
diligence, the Court may-

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

   (b)  fix a time peremptorily for the doing of the 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.

(2) A respondent may move on notice for an order under sub-rule (1), and the
Court, after notice to the appellant has been given by the Registrar, may make
orders in accordance with sub-rule (1) of its own motion.

(3) An order under paragraph (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.