Document ID: chunk:federal_register_of_legislation:F2024C00519:reg:35:p1
Version: federal_register_of_legislation:F2024C00519
Segment Type: reg
Provision Reference: reg 35 (pt 1/12)
Character Range: 85631–88268

35    Costs

Note 1: If a proceeding is transferred under a direction mentioned in item 34 of the table, a Registrar at the place from which the proceeding is transferred will, on behalf of the District Registrar of that place, send all documents in the District Registrar's custody relating to the proceeding to the District Registrar at the place to which the proceeding is transferred.
Note 2: A Registrar may exercise the power in this rule—see rule 3.01 and Schedule 2.
Note 3: A party may seek directions as to the conduct of a hearing or trial—see rule 30.23.

5.05  Adjournment of directions hearing
  The Court may adjourn a directions hearing from time to time.
Note: Directions hearing is defined in the Dictionary.

5.06  Application for directions—cross‑claims
 (1) If a cross‑claim is filed, the parties, or the parties' lawyers, must attend the Court on the return date fixed in the cross‑claim.
 (2) A party may apply to the Court for directions for the management, conduct and hearing of the cross‑claim.

5.07  Interlocutory orders
  A party who wants to obtain an interlocutory order must make an application in accordance with rule 17.01.
Note: Part 17 deals with interlocutory applications.

5.08  Hearing and determination of matter at directions hearing
  A party may apply to the Court at a directions hearing:
 (a) to hear and determine the proceeding at the directions hearing; or
 (b) to dispose of an originating application or a cross‑claim at the directions hearing.
Rules 5.09–5.20 left blank

Division 5.2—Orders on default

5.21  Self‑executing orders
  A party may apply to the Court for an order that, unless another party does an act or thing within a certain time:
 (a) the proceeding be dismissed; or
 (b) the applicant's statement of claim, or alternative accompanying document referred to in rule 8.05, be struck out; or
 (c) a pleading of the respondent be struck out; or
 (d) the party have judgment against the other party.

5.22  When a party is in default
  A party is in default if the party fails to:
 (a) do an act required to be done, or to do an act in the time required, by these Rules; or
 (b) comply with an order of the Court; or
 (c) attend a hearing in the proceeding; or
 (d) prosecute or defend the proceeding with due diligence.

5.23  Orders on default
 (1) If an applicant is in default, a respondent may apply to the Court for an order that:
 (a) a step in the proceeding be taken within a specified time; or
 (b) the proceeding be stayed or dismissed for the whole or any part of the relief claimed by the applicant:
 (i) immediately; or
 (ii) on conditions specified in the