Document ID: chunk:federal_register_of_legislation:F2024C00519:reg:4:p116
Version: federal_register_of_legislation:F2024C00519
Segment Type: reg
Provision Reference: reg 4 (pt 116/154)
Character Range: 494039–496665

must file a notice, in accordance with Form 119, stating the reasons for the objection.
Note: The Court will determine whether the application proceeds by way of oral argument.

35.21  Time for filing and serving affidavits
  A respondent seeking to adduce evidence on an application under rule 35.12 or 35.14 must file any affidavits on which the respondent intends to rely within 14 days after being served with the application.
Note: A Registrar will fix a return date and place for hearing (or, if the application is to be determined on written cases, for decision) and notify the parties of the date appointed for the hearing (or decision).

35.22  Directions
  A party may apply to the Court, constituted by a single Judge, for directions about the management, conduct and hearing of the application.
Rules 35.23 – 35.30 left blank

Division 35.3—Ending applications early

35.31  Withdrawing an application
 (1) A party who has filed an application under rule 35.12 or 35.14 may withdraw the application, in accordance with Form 120.
 (2) A notice filed under subrule (1) has the effect of an order of the Court dismissing the application.
 (3) A notice filed under subrule (1) does not affect any other party who has filed an application under rule 35.12 or 35.14 in relation to the same judgment as that mentioned in the withdrawn application.
 (4) A party who has filed a notice under subrule (1) must pay the costs of each other party to the application.

35.32  Dismissing application for want of prosecution
  A respondent to an application under rule 35.12 may apply to the Court for an order that the application be dismissed:
 (a) for an applicant's failure to comply with a direction of the Court; or
 (b) for an applicant's failure to comply with these Rules; or
 (c) for an applicant's failure to attend a hearing relating to the application; or
 (d) for want of prosecution.

35.33  Absence of a party
 (1) If a party is absent when an application under rule 35.12 or 35.14 is called on for hearing, any other party may apply to the Court for an order that:
 (a) if the absent party is the applicant:
 (i) the application be dismissed; or
 (ii) the application be adjourned; or
 (iii) the hearing proceed only if specified steps are taken; or
 (b) if the absent party is the respondent:
 (i) the hearing proceed generally or in relation to a particular aspect of the application; or
 (ii) the hearing be adjourned; or
 (iii) the hearing proceed only if specified steps are taken.
 (2) If a hearing proceeds in a party's absence and during or at the conclusion of the hearing an order is made, the party who