Commonwealth Consolidated Regulations

HIGH COURT RULES 2004 - RULE 2.03

2.03.1     A failure to comply with these Rules or a direction of the Registrar is an irregularity and does not render a proceeding, or any step taken in a proceeding, or any document, judgment or order in a proceeding a nullity.

2.03.2     Subject to rule   2.03.3, where there has been a failure to comply with these Rules or a direction of the Registrar the Court or a Justice may:

  (a)   set aside the proceeding or any step taken in the proceeding;

  (b)   make such other order whether allowing amendment or otherwise as is appropriate.

2.03.3     A proceeding or a step taken in any proceeding shall not be set aside on the application of a party to the proceeding made on the ground of a failure to comply with these Rules or a direction of the Registrar unless the application is made within a reasonable time and before the applicant has taken any fresh step after becoming aware of the irregularity.

2.03.4     The Registrar may refer to the Court or a Justice a failure to comply with a direction of the Registrar.