Aboriginal Land Act 1991
sec.275Power of Supreme Court to make orders in absence of member
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sec.275 Power of Supreme Court to make orders in absence of member
If, in a proceeding under this Act, the Supreme Court is satisfied that— a diligent search has been made for a member of a land trust who is named as a party in an action; and the member can not be found to serve the member with a process of the court; the court may hear and decide the proceeding and give judgment against the member as if the member had been served or had entered an appearance in the action, and had also appeared by counsel or solicitor at the hearing. Subsection (1) applies without prejudice to any interest the member may have in the matter in question in the proceeding in any other capacity. If a member, at the time of the proceeding— is not within the jurisdiction; or is under a disability; or can not be found; the court may appoint a person to represent the member and may proceed in the absence of the member, and all orders made in the proceeding are binding on the member as if the member had been present and of full capacity. s 275 ins 2011 No. 26 s 78 (sec.275-ssec.1) If, in a proceeding under this Act, the Supreme Court is satisfied that— a diligent search has been made for a member of a land trust who is named as a party in an action; and the member can not be found to serve the member with a process of the court; the court may hear and decide the proceeding and give judgment against the member as if the member had been served or had entered an appearance in the action, and had also appeared by counsel or solicitor at the hearing. (sec.275-ssec.2) Subsection (1) applies without prejudice to any interest the member may have in the matter in question in the proceeding in any other capacity. (sec.275-ssec.3) If a member, at the time of the proceeding— is not within the jurisdiction; or is under a disability; or can not be found; the court may appoint a person to represent the member and may proceed in the absence of the member, and all orders made in the proceeding are binding on the member as if the member had been present and of full capacity.
- (a) a diligent search has been made for a member of a land trust who is named as a party in an action; and
- (b) the member can not be found to serve the member with a process of the court;
- (a) is not within the jurisdiction; or
- (b) is under a disability; or
- (c) can not be found;