Application for re-hearing
36.01 Application for re-hearing
(1) A party may apply for an order under section 20 of the Local Court (Civil Procedure) Act 1989 that an order be set aside and the proceedings be re-heard by filing an application in accordance with Form 36A.
(2) An application for a re-hearing is be filed with an affidavit stating why the applicant:
(a) did not file a notice of defence and stating the applicant's intention to defend the claim, the defences to be relied on and the particulars of each defence, including a summary of the material facts on which the applicant relies;
did not appear in the proceedings when required to do so; or
consented to the making of an order.
(3) A copy of the application and affidavit is to be served personally on each other party unless the Court orders otherwise.
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