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Court Procedures Rules
1404Failure to comply with direction etc
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1404 Failure to comply with direction etc
(1) This rule applies if a party—
(a) after receiving notice of a directions or listing hearing, in a
proceeding, does not attend the hearing; or
Rule 1404
(b) fails to comply with a direction about the conduct of a
(2) The court may do any of the following:
(a) give the further directions it considers appropriate;
(b) dismiss the application or proceeding;
(c) make an order for costs for or against a party;
(d) adjourn the application or hearing;
(e) make another order dealing with the proceeding it considers
(3) Without limiting subrule (2), the court may consider, and give
directions in relation to, the following matters at a directions hearing:
(a) requests for particulars;
(b) filing further pleadings;
(c) amending pleadings;
(d) challenges to any pleading;
(e) discovery, either in full or limited to particular issues;
(f) interrogatories;
(g) alternative dispute resolution, including mediation;
(h) statements of agreed facts;
(i) evidence by affidavit;
(j) service or exchange of expert reports.
Note The court has a general power to make directions about the conduct of a
Division 2.14.1A Transfer of proceedings between courts
Rule 1430
(4) The court may act under this rule on application by a party or on its
(5) In deciding whether to dismiss the application or proceeding, the
court must have regard to the principle that the interests of justice are
paramount.
Division 2.14.1A Transfer of proceedings between
courts