Victorian Consolidated Regulations Victorian Consolidated RegulationsWhere leave to appeal under Rule 63.96(1) or (4) or otherwise is sought from the Trial Division constituted by a Judge of the Court, the Trial Division constituted by a Judge of the Court—
(a) may, in its discretion, hear and determine the application for leave to appeal either in advance of or together with the proposed appeal; and
(b) if it refuses leave, it shall, by order, dismiss the application for leave; and
(c) if it grants leave, then, unless it otherwise orders, the applicant is thereupon taken to have duly brought an appeal under section 17I of the Act in accordance with the filed notice of appeal and to have duly served a copy of the notice.
Rule 63.101 inserted by S.R. No. 131/2018 rule 6.