Victorian Consolidated Regulations

SUPREME COURT (GENERAL CIVIL PROCEDURE) RULES 2015 - REG 64.45

    (1)     Without limiting or affecting any power of the Court of Appeal or any order that the Court of Appeal may make in relation to compliance with the requirements of these Rules (including this Order) or compliance with any direction given or order made in or in relation to a proceeding in the Court of Appeal, an application, including for leave to appeal, or an appeal is taken to be abandoned if an applicant or appellant does not—

        (a)     take any step required to be taken by or under this Order within 30 days after the expiry of the time fixed or allowed by or under this Order;

        (b)     comply with any direction given or order made by the Court of Appeal (constituted by one or more Judges of Appeal) or by an Associate Judge or by the Registrar within 30 days after the expiry of the time fixed or allowed by the direction or order.

    (2)     If an applicant or appellant does not deliver to the Registrar a leave application book or an appeal book as required or directed by or under Rule 64.25 or does not serve copies of the leave application book or appeal book within the time fixed or allowed by the Registrar, the application or appeal—

        (a)     is taken to be abandoned; and

        (b)     may be referred for dismissal under Rule 64.46.

    (3)     If an application for leave to appeal or an appeal is taken to be abandoned in accordance with paragraph (1) or (2), the applicant or appellant shall pay each respondent's costs of the application for leave to appeal or appeal on an indemnity basis, unless the Court of Appeal otherwise orders.

Rule 64.45(4) amended by S.R. No. 73/2019 rule 13(3).

    (4)     Notwithstanding paragraphs (1) and (2)—

        (a)     the Court of Appeal may at any time order that an application, including for leave to appeal, or an appeal is not taken to be abandoned;

        (b)     within 28 days after the day on which an application, including for leave to appeal, or appeal is taken to be abandoned, the Registrar may order by consent of all the parties that the application or appeal is not taken to be abandoned.