Australian Capital Territory Numbered Regulations

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PROTECTION ORDERS REGULATIONS 2002 (2002 NO 6) - REG 67

Dismissal for lack of prosecution (MCCJA s 141)

    (1)     This regulation applies if—

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

        (b)     the applicant in a proceeding 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     Reg 44 deals with discontinuance.

Division 9.4     Admissions



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