Persistent and unexplained non-compliance with consent orders, compounded by broken assurances of compliance and inadequate belated attempts to comply, will justify the exercise of discretion to enter default judgment under r 5.23(2) of the Federal Court Rules 2011 (Cth), particularly where excusing such conduct would undermine the overarching obligations in ss 37M and 37N of the Federal Court of Australia Act 1976 (Cth).
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