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s 30.21

Absence of party at trial

In force
Chapter 2Original jurisdiction—proceedings generally
Part 30Hearings
Division 30.3Trial

30.21 Absence of party at trial

(1)

If a party is absent when a proceeding is called on for trial, another party may apply to the Court for an order that:

(a)

if the absent party is the applicant:

(i)

the application be dismissed; or

(ii)

the application be adjourned; or

(iii)

the trial proceed only if specified steps are taken; or

(b)

if the absent party is the respondent:

(i)

the hearing proceed generally or in relation to a particular aspect of the application; or

(ii)

the hearing be adjourned; or

(iii)

the trial proceed only if specified steps are taken.

(2)

If a trial proceeds in a party’s absence and during or at the conclusion of the trial an order is made, the party who was absent may apply to the Court for an order:

(a)

setting aside or varying the order; and

(b)

for the further conduct of the proceeding.

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