Document ID: chunk:federal_register_of_legislation:F2024C00519:reg:4:p128
Version: federal_register_of_legislation:F2024C00519
Segment Type: reg
Provision Reference: reg 4 (pt 128/154)
Character Range: 522201–524725

of each respondent.

36.74  Application to dismiss appeal
 (1) A respondent may apply to the Court for an order that the appeal be dismissed for the failure by an appellant 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 appellant:
 (a) at the appellant'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.

36.75  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 appellant:
 (i) the appeal be dismissed; or
 (ii) the hearing 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 claim for relief in the appeal; 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 was absent may apply to the Court for an order:
 (a) setting aside or varying the order; and
 (b) for the further conduct of the hearing.

Part 38—Cases stated and questions reserved

38.01  Application for case stated or question reserved
 (1) The following matters must be in the form of a special case:
 (a) a case stated;
 (b) a question reserved for the consideration of the Court.
 (2) A special case must:
 (a) be divided into consecutively numbered paragraphs; and
 (b) state the facts, briefly but specifically; and
 (c) attach all documents necessary to enable the Court to decide the questions raised by the special case.
 (3) The Court may draw from the facts stated and the documents attached in the special case any inference, whether of fact or law, that might have been drawn from them if proved at a trial.
Note 1: A case stated (sometimes called a special case) is a written statement of the facts in a proceeding agreed to by the parties so that the Court to which the case is stated may decide the question in issue.
Note 2: Section 25(6) of the Act empowers the Court, constituted by a single Judge, to state a case or reserve a question for consideration