Victorian Consolidated Regulations

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SUPREME COURT (GENERAL CIVIL PROCEDURE) RULES 2015 - REG 64.13

Further evidence in application for leave to appeal or appeal

    (1)     Unless the Court of Appeal otherwise orders, in an application for leave to appeal or an appeal

        (a)     oral evidence shall not be adduced; and

        (b)     evidence which was not before the court or tribunal whose decision is sought to be appealed or is being appealed shall not be relied upon.

    (2)     A party may apply for the Court of Appeal to receive oral evidence or further evidence, as the case may be.

    (3)     The application shall—

        (a)     be in accordance with Form 64B;

        (b)     be filed and served at least 28 days before the hearing of the application or the appeal;

        (c)     be accompanied by an affidavit stating—

              (i)     briefly but specifically, the facts on which the party relies;

              (ii)     the grounds of the application for leave to appeal or the appeal to which the application relates;

              (iii)     the evidence that the party wants the Court of Appeal to receive; and

              (iv)     why the evidence was not adduced in the court or tribunal the decision of which is the subject of the application or appeal; and

Rule 64.13(3)(d) amended by S.R. No. 73/2019 rule 39.

        (d)     be accompanied by any additional document required by any applicable practice note.

    (4)     Where an application is made under paragraph (2), any other party who seeks to adduce further evidence—

        (a)     shall make an application in accordance with Form 64B; and

        (b)     shall file and serve the application and an affidavit addressing the requirements of this Rule at least 21 days before the hearing of the application for leave to appeal or appeal.



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