Victorian Consolidated Regulations

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SUPREME COURT (GENERAL CIVIL PROCEDURE) RULES 2015 - REG 84.08

Service of notice of appeal

    (1)     Subject to paragraph (2), a copy of the notice of appeal shall be served on all parties affected by the appeal within five days of the filing of the notice of appeal.

    (2)     A copy of a notice of appeal from a determination of a judicial registrar dismissing an application made without notice to any person shall not be served.

    (3)     Despite paragraphs (1) and (2), a Judge of the Court (in the case of an appeal to the Trial Division constituted by a Judge of the Court) or a Judge of Appeal (in the case of an appeal to the Court of Appeal constituted by a Judge of Appeal) may direct that a copy of the notice of appeal be served on—

        (a)     any party to the proceeding; or

        (b)     a person not a party

and may specify a time to be allowed for such service.

    (4)     A copy of the notice of appeal may be served on a party personally or at the party's address for service under these Rules, including Rule 1.19.

    (5)     Where a copy of the notice of appeal is served on a person not a party

        (a)     that person shall not take any step in the appeal without first filing and serving a notice of address for service in Form 84A; and

        (b)     on the appeal, the Court may give or make any determination that might have been given or made if the person served with the notice of appeal had been originally a party.



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