Document ID: chunk:federal_register_of_legislation:F2023C00085:front:0:p35
Version: federal_register_of_legislation:F2023C00085
Segment Type: other
Provision Reference: 
Character Range: 83475–86102

the Registry:
 (a) an affidavit, or affidavits, proving:
 (i) service of the application claiming judgment for the debt or liquidated damages; and
 (ii) that the respondent is in default; and
 (b) an affidavit for the debt or liquidated damages in accordance with the approved form.
 (4) Unless the Court otherwise orders, if a respondent to a cross‑claim is in default:
 (a) a judgment or decision on any claim, question or issue in the proceeding on the originating process; or
 (b) any other cross‑claim in the proceeding;
is binding as between the cross‑claimant and the respondent to the cross‑claim, to the extent that the judgment or decision is relevant to any claim, question or issue in the proceeding on the cross‑claim.
 (5) In subrule (4):
decision includes a decision by consent.
judgment includes a judgment by default or by consent.
 (6) The Court may make an order of the kind mentioned in subrule (1), (2) or (4), or any other order, or may give any directions, and specify any consequences for non‑compliance with the order, that the Court thinks just.

13.06  Default of appearance of a party
 (1) If a party to a proceeding is absent from a hearing (including a first court date), the Court or a Registrar may do any of the following:
 (a) adjourn the hearing to a specific date or generally;
 (b) order that there is not to be any hearing, unless:
 (i) the proceeding is again set down for hearing; or
 (ii) any other steps that the Court or the Registrar directs are taken;
 (c) if the absent party is an applicant—dismiss the application;
 (d) if the absent party is a party who has made an interlocutory application or a cross‑claim—dismiss the interlocutory application or cross‑claim;
 (e) proceed with the hearing generally or in relation to any claim for relief in the proceeding.
 (2) If a party to a proceeding is absent from a hearing, the Court or a Registrar may also make an order of the kind mentioned in subrule 13.05(1), (2) or (4), or any other order, or may give any directions, and specify any consequences for non‑compliance with the order, that the Court or the Registrar thinks just.

13.07  Court's powers in relation to contempt etc. not affected
  Nothing in rule 13.04, 13.05 or 13.06 is intended to limit the Court's powers in relation to contempt or sanctions for failure to comply with an order.

Division 13.3—Consent orders

13.08  Application for order by consent
 (1) The parties to a proceeding may apply for an order in terms of an agreement reached about a matter in dispute in the proceeding by filing a draft consent order signed by each party.
 (2) The draft consent