Where a corporation has been repeatedly refused leave for its director to represent it under r 30(4) of the CPR and chooses not to retain a solicitor, the corporation 'fails to appear' for the purposes of r 1505(2), notwithstanding the director's physical presence at the hearing. The discretion to dismiss under r 1505(2) is more likely to be exercised where the claim is unintelligible or weak, and where an alternative forum is available. A decision of the Federal Circuit and Family Court (Division 2) is not binding on the ACT Supreme Court.
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