Document ID: chunk:federal_register_of_legislation:F2024C00519:reg:4:p130
Version: federal_register_of_legislation:F2024C00519
Segment Type: reg
Provision Reference: reg 4 (pt 130/154)
Character Range: 526792–529246

of the order on the person.

39.03  Dismissal of proceedings and stay of further proceedings
 (1) If the Court makes an order dismissing a proceeding or part of a proceeding, the applicant may apply to the Court:
 (a) for an order that the dismissal be without prejudice to any right of the applicant to bring fresh proceedings; or
 (b) for leave to claim the same relief in a new proceeding.
 (2) If:
 (a) a proceeding has been dismissed in whole or in part; and
 (b) the Court has ordered the applicant to pay another party's (the second party's) costs;
the second party may apply to the Court for an order staying any further proceedings brought by the applicant against the second party on the same or substantially the same cause of action or relief, until the costs have been paid.

39.04  Varying or setting aside a judgment or order before it has been entered
  The Court may vary or set aside a judgment or order before it has been entered.

39.05  Varying or setting aside judgment or order after it has been entered
  The Court may vary or set aside a judgment or order after it has been entered if:
 (a) it was made in the absence of a party; or
 (b) it was obtained by fraud; or
 (c) it is interlocutory; or
 (d) it is an injunction or for the appointment of a receiver; or
 (e) it does not reflect the intention of the Court; or
 (f) the party in whose favour it was made consents; or
 (g) there is a clerical mistake in a judgment or order; or
 (h) there is an error arising in a judgment or order from an accidental slip or omission.

39.06  Interest on judgment
  The prescribed rate at which interest is payable under section 52(2)(a) of the Act is:
 (a) for the period from 1 January to 30 June in any year—the rate that is 6% above the cash rate last published by the Reserve Bank of Australia before the period commenced; and
 (b) for the period 1 July to 31 December in any year—the rate that is 6% above the cash rate last published by the Reserve Bank of Australia before the period commenced.
Note: Section 52(2) of the Act provides that interest is payable:
(a) at such rates as are fixed by the Rules of Court; or
(b) if the Court, in a particular case, thinks that justice so requires—at such lower rate as the Court determines.
Rules 39.07 – 39.10 left blank

Division 39.2—Consent orders

39.11  Consent orders
 (1) A Judge may make an order in accordance with the terms of a written consent of the parties by initialling or