Australian Capital Territory Current Regulations

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COURT PROCEDURES RULES 2006 - REG 1450

Effect of failure to comply with rules

    (1)     A failure to comply with these rules in relation to a proceeding is an irregularity and does not make the proceeding, or a document, step taken or order made in the proceeding, void.

    (2)     If there has been a failure to comply with these rules in relation to a proceeding, the court may—

        (a)     set aside all or part of the proceeding; or

        (b)     set aside a step taken or order made in the proceeding; or

        (c)     declare a document or step taken to be void; or

        (d)     declare a document or step taken to be valid; or

        (e)     make another order that could be made under these rules (including an order dealing with the proceeding generally); or

        (f)     make any order dealing with the proceeding generally that it considers appropriate.

    (3)     However, the court must not—

        (a)     set aside a proceeding only because the proceeding was started by the incorrect originating process; or

        (b)     set aside an originating process only because the incorrect originating process was used.

    (4)     The court may act under subrule (2) on application by a party or on its own initiative.

Note     Pt 6.2 (Applications in proceedings) applies to an application for an order under this rule.



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