Australian Capital Territory Numbered Regulations

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DOMESTIC VIOLENCE AND PROTECTION ORDERS REGULATION 2009 (NO 10 OF 2009) - REG 70

Dismissal for lack of prosecution

    (1)     This section applies if the applicant in a proceeding on an application—

        (a)     does not, within a reasonable time, take a step necessary to have the proceeding heard; or

        (b)     unreasonably takes a step to avoid the proceeding being heard.

    (2)     The Magistrates Court may, on the application of the respondent and on the terms the court considers just, order that the proceeding be dismissed for lack of prosecution or may make any other order it considers just.

    (3)     The proceeding is to be treated as if it had been discontinued.

Note     Section 48 deals with discontinuance.

Division 9.4     Admissions



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