Certain inactive cases taken to have been dismissed
44G Certain inactive cases taken to have been dismissed
A case that is on the Inactive Cases List for 6 continuous months is taken to have been dismissed for want of prosecution.
If a case is dismissed under subrule (1), the Principal Registrar must give all parties to the case written notice of the fact.
If under subrule (2) a practitioner for a party is notified, the practitioner must, as soon as practicable, send a copy of the notice to the party.
If a case is dismissed under subrule (1), any party to it may apply to the Court for, and the Court may make, any order needed as a consequence of the dismissal.
The Court may, in exceptional circumstances and on such terms as it thinks just, set aside the dismissal of a case under subrule (1).
For the purposes of subrule (5) it does not matter that the case was dismissed before the commencement of that subrule.
[Rule 44G inserted: Gazette 17 Jun 2011 p. 2161‑2; amended: Gazette 31 Dec 2013 p. 6552-3.]
[45. Deleted: Gazette 17 Jun 2011 p. 2162.]
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