Document ID: chunk:federal_register_of_legislation:F2024C00519:reg:4:p80
Version: federal_register_of_legislation:F2024C00519
Segment Type: reg
Provision Reference: reg 4 (pt 80/154)
Character Range: 406496–409144

by one applicant does not affect any other applicant in the appeal.
 (4) An applicant who files a notice under subrule (1) must, unless the parties otherwise agree, pay the costs of each party to the appeal.

33.32  Application to dismiss appeal
 (1) A respondent to an appeal may apply to the Court for an order that the appeal be dismissed for the failure by the applicant for the appeal to do any of the following:
 (a) comply with a direction of the Court;
 (b) comply with these rules;
 (c) attend a hearing relating to the appeal;
 (d) prosecute the appeal.
 (2) An application under subrule (1) must be served on the applicant:
 (a) at the applicant's address for service; or
 (b) personally.
Note: The Court may make orders subject to conditions—see rule 1.33. The Court may fix a time for the doing of an act and, in default, order the appeal be dismissed.

33.33  Absence of party
 (1) If a party is absent when an appeal is called on for hearing, the opposing party may apply to the Court for an order that:
 (a) if the absent party is the applicant to the appeal:
 (i) the appeal be dismissed; or
 (ii) the hearing be adjourned; or
 (b) if the absent party is the respondent to the appeal:
 (i) the hearing proceed generally or in relation to a particular claim for relief in the appeal; or
 (ii) the hearing be adjourned.
 (2) If an appeal is dismissed because the applicant to the appeal was absent, the applicant may apply to the Court for an order:
 (a) to set aside the dismissal; and
 (b) for the further conduct of the appeal.
Note: The Court can make an order on its own initiative—see rule 1.40.

Division 33.3—Appeals from the Superannuation Complaints Tribunal or Australian Financial Complaints Authority

33.34  Appeals under section 46 of the Superannuation (Resolution of Complaints) Act 1993 or section 1057 of the Corporations Act 2001
 (1) Division 33.2 applies to an appeal under section 46 of the Superannuation (Resolution of Complaints) Act 1993 from a determination of the Superannuation Complaints Tribunal or an appeal under section 1057 of the Corporations Act 2001 from a determination of AFCA, except that a notice of appeal must be filed in the Registry in the State or Territory in which the applicant ordinarily resides.
 (2) For the purposes of the application of Division 33.2 to an appeal from a determination of the Superannuation Complaints Tribunal or AFCA, that Division applies as if a reference to the Tribunal included the Superannuation Complaints Tribunal or AFCA (as the case may be).
Rules 33.35–33.39 left blank

Division 33.4—Appeals from the National Native Title Tribunal

33.40  Appeals