New South Wales Consolidated Regulations

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UNIFORM CIVIL PROCEDURE RULES 2005 - REG 12.9

Additional grounds for dismissal of proceedings by District Court or Local Court

12.9 Additional grounds for dismissal of proceedings by District Court or Local Court

(1) This rule applies to proceedings in the District Court or the Local Court that have been commenced by statement of claim or in which a statement of claim has been filed.
(2) The court may, of its own motion, make an order dismissing the proceedings if--
(a) a defence or cross-claim is not filed, or
(b) an application for default judgment is not filed, or
(c) the proceedings are not otherwise disposed of,
within 9 months after the statement of claim is filed.
(3) Such an order may be made without notice to the plaintiff or any other party.
(4) Such an order may not be made if there are any notices of motion or other applications in the proceedings that are yet to be determined.



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