ABORIGINAL LAND ACT 1991 - SECT 275
Power of Supreme Court to make orders in absence of member
ABORIGINAL LAND ACT 1991 - SECT 275
Power of Supreme Court to make orders in absence of member
275 Power of Supreme Court to make orders in absence of member
(1) If, in a proceeding under this Act, the Supreme Court is satisfied that—
(a) a diligent search has been made for a member of a land trust who is named
as a party in an action; and
(b) the member can not be found to serve the
member with a process of the court;
the court may hear and decide the
proceeding and give judgment against the member as if the member had been
served or had entered an appearance in the action, and had also appeared by
counsel or solicitor at the hearing.
(2) Subsection (1) applies without
prejudice to any interest the member may have in the matter in question in the
proceeding in any other capacity.
(3) If a member, at the time of the
proceeding—
(a) is not within the jurisdiction; or
(b) is under a
disability; or
(c) can not be found;
the court may appoint a person to
represent the member and may proceed in the absence of the member, and all
orders made in the proceeding are binding on the member as if the member had
been present and of full capacity.
