Victorian Consolidated Regulations Victorian Consolidated Regulations(1) In this Rule, a reference to a determination includes a reference to a judgment, a direction or an order.
(2) This Rule does not apply to a determination of the Court constituted by a judicial registrar under Order 2A of Chapter III of the Rules of the County Court.
Note
Rule 2A.29 of Chapter III of the Rules of the County Court provides for a review of such a determination.
(3) A determination of the Court constituted by a judicial registrar may be reviewed by the Court constituted by a Judge, on the motion of the Court constituted by a Judge or on application by a party to the proceeding.
(4) An application under paragraph (3) shall be made by notice filed with the Court, stating—
(a) whether the whole or part only of the determination is the subject of the review;
(b) if part only of the determination is the subject of the review, which part;
(c) briefly, the grounds on which the review is sought; and
(d) what determination is sought in place of the determination that is the subject of the review.
(5) A copy of the notice under paragraph (4) shall be served on each other party to the proceeding within 14 days after the date of the determination.
(6) A review under this Rule—
(a) shall be conducted by way of hearing de novo; and
(b) accordingly, is not limited by reference to—
(i) the grounds specified in the application in accordance with paragraph (4)(c); or
(ii) the reasons given by the judicial registrar.
(7) In conducting a review in accordance with this Rule, the Court constituted by the Judge may—
(a) exercise all the powers and discretions of the Court with respect to the subject matter of the review; and
(b) confirm, set aside or vary the determination of the Court constituted by the judicial registrar or make such further or other determination as may be necessary or as the case requires.
(8) On the review, each party may, subject to any proper objections to admissibility—
(a) rely upon—
(i) any affidavit used before the judicial registrar; and
(ii) a transcript of any evidence given orally before the judicial registrar; and
(b) by leave of the court, rely upon—
(i) in accordance with paragraph (9), an audio or audio visual recording of any evidence given orally before the judicial registrar; and
(ii) any affidavit or oral evidence not used or given before the judicial registrar.
(9) If a party seeks to rely on evidence given orally before the judicial registrar, the Judge may refer to an audio or audio visual recording of that evidence (rather than only the transcript of that evidence) if the Judge considers that it is appropriate to do so in order to assess the witness's credibility.
(10) Except so far as the Court constituted by a Judge otherwise orders, a review under this Rule shall not operate as a stay of execution or of proceedings under the determination of the Court constituted by the judicial registrar to which the review relates.
Rule 84.04 amended by S.R. No. 16/2020 rule 7 (ILA s. 39B(2)).