When applying to set aside a self-executing order under r 24.06, the court will consider: (a) the circumstances in which the order was made; (b) the reasons for non-compliance; (c) prejudice to the defaulting party if relief is refused; and (d) prejudice to the innocent party if relief is granted. The critical question is whether the failure to comply was wilful — reflecting deliberate disregard of or indifference to the court's order. Where non-compliance results from extraneous circumstances rather than wilful disregard, and the defaulting party has taken active steps towards compliance, relief may be granted if the automatic sanction would be disproportionate.
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