Victorian Consolidated Regulations

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SUPREME COURT (GENERAL CIVIL PROCEDURE) RULES 2015 - REG 64.31

Cross-application for leave to appeal

    (1)     Where an applicant has applied for leave to appeal from a decision, a respondent may seek leave to appeal from that decision by filing—

        (a)     a cross-application for leave to appeal in accordance with Form 64A with any necessary modification;

        (b)     a written case; and

Rule 64.31(1)(c) amended by S.R. No. 73/2019 rule 43.

        (c)     any additional document required by any applicable practice note.

    (2)     The time for filing a cross-application for leave to appeal, a written case and any additional required document is—

        (a)     within 28 days after the service on the respondent of the application for leave to appeal; or

        (b)     within such shorter or longer time as the Court of Appeal or Registrar may specify.

    (3)     A cross-application for leave to appeal, a written case and any additional required document shall be served on the applicant for leave to appeal and any other party to the cross-application as soon as practicable after the cross-application for leave to appeal, written case and any additional required document are filed but no later than five days after they are filed.

    (4)     Subject to paragraphs (1), (2) and (3), insofar as any provision of this Order applies to applications for leave to appeal, it applies with any necessary modification to cross-applications for leave to appeal.



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