ACTIn ForceRegulation
Court Procedures Rules
4310Magistrates Court order made in absence of party may be
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4310 Magistrates Court order made in absence of party may be
set aside—general
(1) This rule applies if a party does not appear in a criminal proceeding
and an order is made.
(2) However, this rule does not apply if the defendant—
(a) had entered a plea of guilty under the Magistrates Court
Act 1930, section 116D (Pleas to prescribed offence); and
(b) did not withdraw the plea before the order was made; and
(c) did not appear in the proceeding.
Division 4.2.2 Magistrates Court criminal proceedings—setting aside orders
Rule 4311
(3) On application by the party who did not appear, the court may set
aside the order.