New South Wales Repealed Regulations

This legislation has been repealed.

COMPENSATION COURT RULES 1990 - SECT 35.4

35.4 Striking out ancillary proceedings

(1) The Court may, if it thinks fit, strike out any proceedings ancillary to any proceedings in the Court at any time on terms, and a registrar may, if he thinks fit, strike out any ancillary proceedings before him on terms, and, without affecting the generality of the foregoing provision of this subrule, the Court or registrar may so strike out any ancillary proceedings if:

(a) no party appears, or

(b) a respondent to the ancillary proceedings does, but the applicant in the ancillary proceedings does not, appear.

(2) Where ancillary proceedings are struck out under subrule (1), the Court (or, where the ancillary proceedings are struck out by a registrar, the registrar or the Court) may, on the application of any party, order that the ancillary proceedings be reinstated on terms, and, without affecting the generality of the foregoing provisions of this subrule, the ancillary proceedings may be reinstated upon such terms and conditions as to costs, the staying of the proceedings or the ancillary proceedings until payment of costs, and the priority of the hearing of the ancillary proceedings as the Court or registrar, as the case may require, thinks fit.

(3) Subrule (2) applies except where otherwise provided in section 18 of the Act.