Document ID: chunk:federal_register_of_legislation:F2024L00509:clause:1_33
Version: federal_register_of_legislation:F2024L00509
Segment Type: clause
Provision Reference: sch 1 cl 33
Character Range: 10114–11246

33  Subrules 10.27(1) and (2)
Repeal the subrules, substitute:
 (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.