Failure to answer
13.07 Failure to answer
(1) If a party claiming relief fails to answer interrogatories, the Court may:
order the party to answer the interrogatories;
(b) if the party is a worker or applicant – dismiss the proceeding; or
if the party is an employer or respondent – make an order:
striking out the appearance or notice of defence; or
(ii) permitting the worker or applicant to proceed as if an appearance or notice of defence had not been filed.
(2) If the Court makes an order under subrule (1)(c), the worker or applicant may apply for default judgment under Part 21 and, if applicable, for compensation or other relief to be assessed.
(3) An application for an order under this rule is to be filed and served not later than 28 days before the date fixed for hearing of the proceeding.
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