Document ID: chunk:federal_register_of_legislation:F2024C00417:reg:3:p80
Version: federal_register_of_legislation:F2024C00417
Segment Type: reg
Provision Reference: reg 3 (pt 80/100)
Character Range: 310295–312983

has made in the proceeding.

10.27  Orders on default
 (1) If a party is in default, the court may do any of the following:
 (a) order that the proceeding be stayed or dismissed as to the whole or any part of the relief claimed by the party;
 (b) set aside a step taken or an order made;
 (c) order that a step in the proceeding be taken within the time limited in the order;
 (d) order costs;
 (e) prohibit the party from taking a further step in the proceeding until the occurrence of a specified event;
 (f) make any order that is to take effect if the party does not take a step ordered by the court in the proceeding in the time limited in the order;
 (g) proceed on the non‑defaulting party's evidence together with:
 (i) if considered appropriate by the court—such evidence as the defaulting party has filed; and
 (ii) such evidence as tendered during cross‑examination by the defaulting party; and
 (iii) submissions by either party limited to the matters that are the subject of evidence;
 (h) in exceptional circumstances—proceed on the non‑defaulting party's evidence without hearing from the defaulting party.
 (2) The court may make an order of the kind referred to in subrule (1), or any other order, or may give any directions, and specify any consequences for non‑compliance with the order, that the court thinks just.

Chapter 11—Enforcement of court orders and judgments

Part 11.1—Enforcement of financial orders and obligations

Division 11.1.1—General

11.01  Enforceable obligations
 (1) The following obligations and orders may be enforced under this Part:
 (a) an obligation to pay money;
 (b) an obligation to sign a document under section 106A of the Family Law Act (see Division 11.1.7);
 (c) an order entitling a person to the possession of real property (see Division 11.1.7);
 (d) an order entitling a person to the transfer or delivery of personal property (see Division 11.1.7).
 (2) For the purposes of paragraph (1)(a), an obligation to pay money includes the following:
 (a) a provision requiring a payer to pay money under:
 (i) an order made under the Family Law Act, the Assessment Act or the Registration Act; or
 (ii) a registered parenting plan; or
 (iii) an award made in arbitration and registered under section 13H of the Family Law Act; or
 (iv) a maintenance agreement registered under subsection 86(1) of the Family Law Act; or
 (v) a maintenance agreement approved under section 87 of the Family Law Act; or
 (vi) a financial agreement or termination agreement under Part VIIIA of the Family Law Act; or
 (vii) a financial agreement under Part VIIIAB of the Family Law Act or a termination agreement under Part VIIIAB of the Family Law