NSW Application to proceed undefended...

[Philly2020]

Could someone please advise me on how to go about filing an application to proceed on an undefended basis in the Federal Circuit Court?

I have been present in court proceedings as the respondent yet the applicant has not been present for multiple appearances, the judge suggested I seek legal advice on how to file a application to proceed on an undefended basis.

Is there a form online? Do i need to provide supporting evidence? How does this process work?

Thank you.

 

[Atticus]

Is there a form online? Do i need to provide supporting evidence? How does this process work?

As there is a case in progress the form required would almost certainly be an application in a case. See link >>>> Application in a Case - Federal Circuit Court of Australia

You will need to file a supporting affidavit with it. Basically setting out the reasons why you are seeking to move forward undefended, ie, lack of communication by applicant, non appearance, etc... Probably also fairly crucial that the judge is satisfied that this application to proceed undefended has been served on the other party & that they have had this final opportunity/warning to step up..