Victorian Consolidated Regulations Victorian Consolidated Regulations(1) A person who was not a party to the proceeding or matter in which the decision sought to be appealed or under appeal was made or a person who does not have an independent right to appear or intervene, may apply to the Court of Appeal for leave to intervene in an application for leave to appeal or an appeal.
Rule 64.10(2) amended by S.R. No. 73/2019 rule 12.
(2) An application for leave to intervene is made by filing and serving—
(a) an application in accordance with Form 64B;
Rule 64.10(2)(b) amended by S.R. No. 73/2019 rule 37(1).
(b) an affidavit in support in accordance with any applicable practice note; and
Rule 64.10(2)(c) amended by S.R. No. 73/2019 rule 37(2).
(c) any additional document required by any applicable practice note.
(3) The applicant must satisfy the Court of Appeal—
(a) that the applicant's contribution as an intervener will be useful and different from the contribution of the parties;
(b) that the intervention would not unreasonably interfere with the conduct of the application or appeal; and
(c) of any other matter that the Court of Appeal considers relevant.
(4) When giving leave to intervene, the Court of Appeal may specify—
(a) the form of assistance to be given by the intervener;
(b) the manner of participation of the intervener;
(c) the matters that the intervener may address;
(d) whether the intervener's submissions are to be oral, in writing, or both; and
(e) whether any undertaking as to costs should be given, and if so, in what form.