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Alert: Court of Appeal Considers r44G

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On 9 April 2013, the Court of Appeal delivered two decisions on whether Actions dismissed pursuant to R44G of the District Court Rules can be reinstated.  Interestingly, the Court reached different decisions in each case indicating that the circumstances leading to a case being dismissed pursuant to R44G(1) will need to be scrutinised before determining if a case may be reinstated.  Importantly, the Court upheld the validity of the Rule, finding that there was nothing which renders R44G(1) or any other provision of Pt 4 Subdiv 3(6) of the DCR, repugnant to the judicial process in Australia.

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