Court Procedures Rules 2006

A person whose proceeding has been dismissed under rule 75 may apply to the court to reinstate the proceeding.

Pt 6.2 (Applications in proceedings) applies to an application to reinstate the proceeding.

The court may reinstate the proceeding if it is in the interests of justice to reinstate the proceeding.

A proceeding that has been dismissed under rule 75 (2) is reinstated if, before the end of 1 year after the day the proceeding is dismissed, a party to the proceeding files a document in the proceeding.

The party filing the document must serve a copy of the document on each other active party to the proceeding not later than 3 days after the day the document is filed.

Active party—see the dictionary.

For any time limit (including a limitation period), a proceeding that is reinstated is taken to have started on the day the originating process for the proceeding was filed in the court and is taken never to have been dismissed.