Which rule allows a party to apply for judgment against the other party when they are in default?

The correct answer pertains to the provisions outlined in Rule 16.2, which specifically governs the circumstances under which a party can apply for judgment against another party who has failed to respond or act within the required time frame, commonly referred to as being in default. This rule establishes a mechanism for efficiently resolving cases where one party does not comply with procedural obligations, such as failing to file a defence or respond to a claim, thus allowing the aggrieved party to seek a default judgment.

This process under Rule 16.2 is essential in civil procedure as it helps maintain the flow of judicial proceedings by providing a clear path for a party to move forward with their claim when the opposing party effectively opts out of the process through inaction. Such measures are crucial for upholding the principles of efficiency and timely justice within the court system.

In contrast, the other choices—Rules 12.7, 29.10, and 28.2—address different aspects of civil procedure, such as amendments to pleadings, case management practices, or the imposition of sanctions, none of which specifically cover the application for default judgment. Understanding which rule applies in different procedural contexts is key in effectively navigating civil procedure in New South Wales.