Federal Court Rules 2011

If an applicant is in default, a respondent may apply to the Court for an order that:

a step in the proceeding be taken within a specified time; or

the proceeding be stayed or dismissed for the whole or any part of the relief claimed by the applicant:

immediately; or

on conditions specified in the order.

If a respondent is in default, an applicant may apply to the Court for:

an order that a step in the proceeding be taken within a specified time; or

if the claim against the respondent is for a debt or liquidated damages—an order giving judgment against the respondent for:

the debt or liquidated damages; and

if appropriate, interest and costs in a sum fixed by the Court or to be taxed; or

if the proceeding was started by an originating application supported by a statement of claim or an alternative accompanying document referred to in rule 8.05, or if the Court has ordered that the proceeding continue on pleadings—an order giving judgment against the respondent for the relief claimed in the statement of claim or alternative accompanying document to which the Court is satisfied that the applicant is entitled; or

an order giving judgment against the respondent for damages to be assessed, or any other order; or

an order mentioned in paragraph (b), (c) or (d) to take effect if the respondent does not take a step ordered by the Court in the proceeding in the time specified in the order.

The Court may make any order that the Court considers appropriate in the interests of justice—see rule 1.32.

An order or judgment under this Division may be set aside or varied.