Victorian Consolidated Regulations

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Procedure for renewal of application

    (1)     An application for leave to appeal may be renewed in accordance with this Rule.

    (2)     Where the Registrar has notified an appellant that leave to appeal has been refused in whole or in part, the appellant may elect under section 315 of the Act to renew the application for leave to appeal by completing and returning to the Registrar within 10 days of that notification an election form as contained in Form 6–2DB.

    (3)     Subject to paragraphs (5) and (6), the renewed application shall be considered by the Court of Appeal comprising at least two Judges of Appeal who may, without an oral hearing—

        (a)     grant leave to appeal;

        (b)     grant leave to appeal on some grounds of appeal and refuse leave to appeal on other grounds of appeal;

        (c)     refuse leave to appeal; or

        (d)     refer the application for determination by the Court of Appeal comprising not fewer than three Judges of Appeal, who may include either or both of the referring judges.

    (4)     If the Court of Appeal makes an order of the kind referred to in paragraph (3), the Registrar shall notify the appellant in Form 6–2DC.

    (5)     An appellant who elects to renew an application for leave to appeal—

        (a)     may request an oral hearing of the application by completing the Oral Hearing Option section of the election form in Form 6–2DC; and

        (b)     if an oral hearing of the application is requested, must confirm that request in writing to the Registrar, in accordance with any applicable practice direction.

    (6)     If an appellant requests an oral hearing of the application and confirms that request in accordance with paragraph (5), the renewed application shall not be determined without an oral hearing.

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