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r 7.13

Failure to attend conference, obey order, &c.

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Part 7Case management
Division 4Miscellaneous

7.13 Failure to attend conference, obey order, &c.

(1)

If a party fails to:

(a) attend a directions conference, conciliation conference or prehearing conference as required by these Rules;

(b) prepare adequately for a directions conference, conciliation conference or prehearing conference; or

(c) comply with an order of the Court, including an order contained in a scheduling order,

the Court may:

(d) if the party in default is a worker or an applicant – dismiss the proceeding;

(e) if the party in default is an employer or a respondent – strike out the appearance or notice of defence;

(f) subject to Part 23, make the orders in relation to costs it considers appropriate, including an order that a legal practitioner must pay all or part of the costs payable;

(g)

list the proceeding before a magistrate; or

(h)

make any other order it considers appropriate.

(2) If the Court makes an order under subrule (1)(e), the party who commenced the proceeding may apply for default judgment under Part 21 and, if applicable, for compensation or other relief to be assessed.

Part 8 Pleadings

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