Document ID: chunk:federal_register_of_legislation:F2024C00057:front:0:p37
Version: federal_register_of_legislation:F2024C00057
Segment Type: other
Provision Reference: 
Character Range: 86357–88971

The special case must:
 (a) be prepared by the plaintiff; and
 (b) be signed by the parties or their counsel or their solicitors; and
 (c) be filed and served on each party to the proceeding who has filed an appearance.

27.09  Summary disposition
27.09.1  If, in a proceeding commenced by Writ of Summons, a defendant does not file an appearance within the time limited the plaintiff may apply to a Justice for judgment against that defendant in accordance with this order.
27.09.2  Upon proof of service of the Writ of Summons on the defendant and proof that the defendant has not filed any appearance the Court or a Justice may, without notice to the defendant, give judgment for the plaintiff against that defendant upon the Statement of Claim.
27.09.3  A plaintiff who obtains judgment against a defendant in accordance with this order may enforce the judgment and continue the proceeding against any other defendant.
27.09.5  Where a pleading:
 (a) does not disclose a cause of action or defence;
 (b) is scandalous, frivolous or vexatious;
 (c) may prejudice, embarrass or delay the fair trial of the proceedings; or
 (d) is otherwise an abuse of the process of the Court;
the Court or a Justice may order the whole or part of the pleading be struck out or amended.
27.09.6  On application by a defendant who has filed an appearance the Court or a Justice may at any time give judgment for that defendant against the plaintiff if the defendant has a good defence on the merits.
27.09.7  Where a plaintiff, being required to file a Statement of Claim, fails to do so the Court or a Justice may order that the proceeding is dismissed for want of prosecution.

27.10  Discontinuance and withdrawal
27.10.1  A party who has filed an appearance in a proceeding may withdraw the appearance at any time with the leave of the Court or a Justice.
27.10.2  A plaintiff may discontinue a proceeding or withdraw any part of it:
 (a) before the defendant against whom the proceeding or claim is to be discontinued has filed an appearance; or
 (b) at any time by leave of the Court or a Justice or with the consent of all other parties.
27.10.3  A discontinuance or withdrawal shall be made by filing a notice stating the extent of the discontinuance or withdrawal.
27.10.4  When the discontinuance or withdrawal is with the consent of other parties the notice shall be indorsed with the consent of each party who consents.
27.10.5  The plaintiff must serve the notice of discontinuance on each other party on the day it is filed.
27.10.6  Subject to any contrary order of the Court or a Justice a plaintiff discontinuing