Document ID: chunk:federal_register_of_legislation:F2024C00482:reg:13:p20
Version: federal_register_of_legislation:F2024C00482
Segment Type: reg
Provision Reference: reg 13 (pt 20/48)
Character Range: 61299–63830

notice or application is filed a Registrar will fix a day and place for a callover or hearing for directions, and the day and place will be endorsed on the notice or application.

4.04  Service of documents
 (1) A party who files a notice referred to in subrule 4.01(1) or (2) or an application referred to in subrule 4.02(1) must, within 2 days, serve a stamped copy of each of the following on each party to the proceedings in which the relevant judgment or decision was made:
 (a) the notice or application;
 (b) the accompanying affidavit.
 (2) A document to be served on a party under subrule (1) must be served personally on the party.

4.05  Address for service
  If:
 (a) a party is served with a notice referred to in subrule 4.01(1) or (2), or an application referred to in subrule 4.02(1); and
 (b) the party has not filed a notice of address for service;
the party must file a notice of address for service within 14 days after being served.
Note: For requirements relating to service of the notice of address for service, see rule 1.39.

4.06  Ending applications early
 (1) A party may withdraw an application for leave to appeal, or an application referred to in subrule 4.02(1), by filing a notice in accordance with Form CP23.
 (2) As soon as practicable after filing a notice under subrule (1), the party must serve a stamped copy of the notice on each party to the proceedings in which the relevant judgment or decision was made.
 (3) A notice filed under subrule (1) has the effect of an order of the Court dismissing the application.
 (4) A notice filed under subrule (1) does not affect any other party who has filed a notice referred to in subrule 4.01(1) or (2), or an application referred to in subrule 4.02(1), in relation to the same judgment or decision as that mentioned in the withdrawn application.

4.07  Dismissing application for want of prosecution etc.
  A respondent to an application for leave to appeal or an application referred to in subrule 4.02(1) may apply to the Court for an order that the application be dismissed:
 (a) for a failure by the applicant to comply with a direction of the Court; or
 (b) for a failure by the applicant to comply with the Act, these Rules or the Federal Court Rules 2011; or
 (c) for a failure by the applicant to attend a hearing relating to the application; or
 (d) for want of prosecution.
Note: For the form of an application under this rule and requirements relating to service, see rule 9.01.

4.08  Absence of party
 (1) If a party is absent when an