Question 1

What actions can the court take if a party fails to comply with the Family Law Rules or procedural orders?

Accepted Answer

The court has several options, including dismissing all or part of the proceeding, setting aside a step taken or an order made, determining the proceeding as if it were undefended, ordering costs, prohibiting the party from taking further steps until a specified event occurs, or making any other necessary order.

Question 2

What does it mean for a case to proceed on an undefended basis?

Accepted Answer

When a respondent fails to comply with a rule or order, the court may order that a hearing or trial proceeds as if the respondent has not filed a response. In such cases, the court may make orders requested in the application based on evidence provided.

Question 3

Under what circumstances is a respondent considered to be in default?

Accepted Answer

A respondent is considered to be in default if they fail to give an address for service, file a response, comply with a court order, file or serve required documents, produce a document as required, perform any act required by the rules, defend the proceeding diligently, or prosecute any application made in the proceeding diligently.

Question 4

What actions can the court take if a respondent is in default?

Accepted Answer

The court may order a step in the proceeding to be taken within a specified time, give judgment or make any other order against the respondent, or make an order to take effect if the respondent fails to comply with a step ordered by the court within the specified time.

Question 5

What factors does the court consider when conducting an undefended hearing?

Accepted Answer

The court has wide discretion in conducting an undefended hearing, but it must ensure procedural fairness, and natural justice, and do justice to all parties involved. The specific manner in which an undefended hearing is conducted depends on the circumstances of each case.

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Tag: Default application process

THE APPLICATION TO PROCEED ON AN UNDEFENDED BASIS

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