Victorian Consolidated Regulations

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SUPREME COURT (GENERAL CIVIL PROCEDURE) RULES 2015 - REG 64.18

Application to set aside or vary dismissal of application for leave to appeal

    (1)     Where an application for leave to appeal has been determined and dismissed by an order of the Court of Appeal, however constituted, without an oral hearing, any application to the Court of Appeal under section 14D(2) of the Act to have the order for dismissal set aside or varied shall be made by filing an application in accordance with Form 64F.

Note

Section 14D(3) of the Act provides that if the Court of Appeal dismisses an application for leave to appeal without an oral hearing and has determined that the application is totally without merit, the applicant has no right to apply to have the dismissal set aside or varied.

    (2)     The application shall be filed within 10 days of the delivery to the applicant's address for service of a copy of the order.

    (3)     The applicant shall serve a copy of the application on each respondent as soon as practicable after the application has been filed.

    (4)     The application shall be determined on the basis of—

        (a)     the application, written cases and documents filed by the parties prior to the decision to dismiss the application for leave to appeal; and

        (b)     any additional documents ordered by the Court of Appeal or the Registrar.

    (5)     Further material shall not be relied upon except with leave of the Court of Appeal.

    (6)     The Registrar shall fix a hearing date for the application and advise the parties.

    (7)     Subject to any contrary direction by the Court of Appeal, the time for oral argument of the application shall be limited—

        (a)     in the case of the applicant, to 15 minutes; and

        (b)     in the case of the other party or parties (if appearing) to 10 minutes.



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