Order 12 FCT (Civil Procedure) Rules 2025

Order 12 of the Federal Capital Territory (FCT) High Court (Civil Procedure) Rules 2025 is about Default of Appearance. It contains the following rules:

1. Where an appearance has not been entered for a person
   under legal disability,
   a claimant shall apply to the Court for an order that a
   person be appointed guardian for such defendant and
   when appointed the person may appear and defend. The
   application shall be made after service of the originating
   process and notice of the application shall be served on the
   person intended to be appointed the guardian of the
   defendant.

2. Where any defendant fails to appear, a claimant may
   proceed upon proof of service of the originating process
   under the appropriate provisions of these Rules.

3. Where the claim in the originating process is a liquidated
   demand and a defendant or any of the defendants fail to
   appear, a claimant may apply to the Court for judgement
   on the claim in the originating process or such lesser sum
   and interest as the Court may order.

4. Where the claim in the originating process is a liquidated
   demand and there are several defendants of whom one or
   more appear to the process and another or others fail to
   appear, a claimant may apply to the Court for judgment
   against those who have not appeared and may execute the
   judgment without prejudice to his right to proceed with the
   action against those who have appeared.

5. Where the claim in the originating process is for pecuniary
   damages, or for detention of goods with or without a claim
   for pecuniary damages, and the defendant or any of the
   defendants fail to appear, a claimant may apply to the
   Court for judgment. The value of the goods and the
   damages or the damages only as the case may be shall be
   ascertained in such manner and subject to the filing of such particulars as the Court may direct before judgment for that part of the claim.

6. Where the claim in the originating process is as provided in
   rule 5 of this Order and there are several defendants,
   judgement may be entered against the defendant in default
   of appearance. The value of the goods and the damages
   only as the case may be shall be ascertained in such manner
   and subject to filing such particulars as the Court may
   direct before judgment for that part of the claim.

7. Where the claim in the originating process is for pecuniary
   damages or for detention of goods with or without a claim
   for pecuniary damages and includes a liquidated demand
   and any of the defendants fail to appear, a claimant may
   apply to the Court for judgment. The value of the goods
   and the damages, or damages only as the case may be shall
   be ascertained in such manner and subject to the filing of
   such particulars as the Court may direct before judgment in
   respect of that part of the claim.

8. If an appearance is not entered within the time prescribed
   in the originating process in a claim for recovery or if
   appearance is entered but the defence is limited to part
   only, a claimant may apply to the Court for judgment
   stating that the person whose title is asserted in the
   originating process shall recover possession of the land, or
   of that part of it to which the defence does not apply

9. Where in an originating process for recovery of land a
   claimant claims mesne profits, arrears of rent, damages for
   breach of contract or wrong or injury to the premises, he
   may apply for judgment as in rule 8 of this order for the
   land, and may proceed to prove the other claims.

10. In any case to which rules 3 – 8 of this order do not apply
    and the defendant or any of the defendants fails to appear,
    but by reason of payment, satisfaction, abatement of nuisance, or any other reason, it is unnecessary for a claimant to proceed, he may apply to the Court for judgment for costs; but such application shall be filed and served in the manner in which service of the originating process was effected or in such manner as the Court shall direct.

11. Where judgment is entered under any of the preceding
    rules of this order, the Court may on an application by the
    defendant set aside or vary such judgment on terms. The
    application shall be made within a reasonable time,
    showing evidence of payment of penalty, a good defence to
    the claim and a reasonable cause for the default.

12. In all claims not specifically provided for under this order,
    where the party served with the originating process does
    not appear within the time prescribed, a claimant may
    proceed as if appearance had been entered.

13. Notice of any application under this order shall be served
    on the other party.

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