Victorian Consolidated Regulations

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SUPREME COURT (GENERAL CIVIL PROCEDURE) RULES 2015 - REG 64.47

Expedition

    (1)     In relation to an application to the Court of Appeal (other than an application for leave to appeal or an application to set aside or vary a dismissal of an application for leave to appeal), where the Court of Appeal constituted by one or more Judges of Appeal is satisfied that injustice would or might be entailed—

        (a)     in requiring that documents relating to the application be filed in accordance with Rule 64.03(3);

        (b)     in requiring that copies of documents relating to the application be served in accordance with Rule 64.06; or

        (c)     in requiring that any notice of the application be given to any party or person—

the Court so constituted may hear and determine the application notwithstanding—

        (d)     that relevant documents have not been filed in accordance with Rule 64.03(3) ;

        (e)     that relevant documents have not been served in accordance with Rule 64.06 ; or

        (f)     that no notice of the application has been given to any party or person—

as the case may be, and the Court so constituted may make an order on the application upon such terms as to costs or otherwise and subject to such undertaking, if any, as it thinks fit.

    (2)     The Court of Appeal constituted by one or more Judges of Appeal may set aside any order made under paragraph (1) on the application of any party or person affected.

There is no Order 65



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