sec.231Striking out proceeding after at least 1 year’s delay

sec.231 Striking out proceeding after at least 1 year’s delay

This rule applies if— an application starting a proceeding has been filed; and no action has been taken by the applicant in relation to the application for at least 1 year since the last action was taken by the applicant in the application. The registrar may, by notice, require the applicant to show cause in writing, within 21 days after the day the notice is given, why the application starting the proceeding should not be struck out. The notice must state that the application may be struck out if the applicant does not show cause within the time stated in the notice. The applicant’s response to the notice to show cause must state the following— the steps taken in the proceeding; an explanation for the circumstances of the delay; the steps (including a timetable) proposed to be taken to progress the proceeding; any prejudice suffered or likely to be suffered by another party to the proceeding if the application is not struck out; the merits of the proceeding; why the court, commission or registrar should not strike out the application despite the delay. After considering any response by the applicant to the notice to show cause, the registrar may do 1 of the following— strike out the application; list the matter of showing cause for hearing, with or without directions, before— if the application is to be decided by the court—the court; or if the application is to be decided by the commission—the commission; or if the application is to be decided by the registrar—the registrar; list the application for hearing, with or without directions; make another order dealing with the application the registrar considers appropriate. On a hearing of the matter of showing cause, the court, commission or registrar may do 1 of the following— strike out the application; list the application for hearing, with or without directions; make another order dealing with the application the court, commission or registrar considers appropriate. The striking out of the application starting the proceeding under this rule also disposes of any other application in the proceeding that has not been disposed of, other than in relation to costs. If the application is struck out under this rule, the registrar must give the parties notice that the court, commission or registrar has struck out the application. r 231 amd 2021 SL No. 10 s 54 (sec.231-ssec.1) This rule applies if— an application starting a proceeding has been filed; and no action has been taken by the applicant in relation to the application for at least 1 year since the last action was taken by the applicant in the application. (sec.231-ssec.2) The registrar may, by notice, require the applicant to show cause in writing, within 21 days after the day the notice is given, why the application starting the proceeding should not be struck out. (sec.231-ssec.3) The notice must state that the application may be struck out if the applicant does not show cause within the time stated in the notice. (sec.231-ssec.4) The applicant’s response to the notice to show cause must state the following— the steps taken in the proceeding; an explanation for the circumstances of the delay; the steps (including a timetable) proposed to be taken to progress the proceeding; any prejudice suffered or likely to be suffered by another party to the proceeding if the application is not struck out; the merits of the proceeding; why the court, commission or registrar should not strike out the application despite the delay. (sec.231-ssec.5) After considering any response by the applicant to the notice to show cause, the registrar may do 1 of the following— strike out the application; list the matter of showing cause for hearing, with or without directions, before— if the application is to be decided by the court—the court; or if the application is to be decided by the commission—the commission; or if the application is to be decided by the registrar—the registrar; list the application for hearing, with or without directions; make another order dealing with the application the registrar considers appropriate. (sec.231-ssec.6) On a hearing of the matter of showing cause, the court, commission or registrar may do 1 of the following— strike out the application; list the application for hearing, with or without directions; make another order dealing with the application the court, commission or registrar considers appropriate. (sec.231-ssec.7) The striking out of the application starting the proceeding under this rule also disposes of any other application in the proceeding that has not been disposed of, other than in relation to costs. (sec.231-ssec.8) If the application is struck out under this rule, the registrar must give the parties notice that the court, commission or registrar has struck out the application.