Victorian Current Acts Victorian Current Acts(1) If an appellant fails to appear at a mention date or at the time listed for the hearing of the appeal, the County Court or the Supreme Court, as the case requires, may—
(a) strike out the appeal; or
(b) adjourn the proceeding on any terms that it considers appropriate.
(2) If the County Court or the Supreme Court strikes out an appeal under subsection (1)(a)—
S. 118A(2)(a) amended by No. 1/2022 s. 91.
(a) the registrar must serve a copy of the order striking out the appeal on any person on whom the notice of appeal was required to be served under section 116(3); and
(b) if the whole or part of the relevant decision was stayed under section 117(2)—
(i) the relevant decision or part of the relevant decision is reinstated; and
(ii) any undertaking of bail given by the appellant under section 117(3) is discharged; and
(iii) any counselling order stayed under section 131 is reinstated.
(3) The County Court or the Supreme Court, at any time, may set aside an order striking out an appeal because of the failure of the appellant to appear, if the appellant satisfies the court that the failure to appear was not due to fault or neglect on the part of the appellant.
S. 118A(4) amended by No. 1/2022 s. 91.
(4) An application under subsection (3) to set aside an order may be made within a reasonable time after the appellant becoming aware of the order striking out the appeal, by filing notice of the application with the registrar.
S. 118A(5) amended by No. 1/2022 s. 91.
(5) The registrar must serve a copy of the notice of the application under subsection (3) on any person on whom the notice of appeal was required to be served under section 116(3).
(6) If the court grants an application under subsection (3), the court must order the reinstatement of the appeal.
S. 118B inserted by No. 19/2017 s. 33.