Victorian Consolidated Regulations Victorian Consolidated Regulations(1) Within seven days after filing notice of appeal the appellant shall apply on summons for directions and, if necessary, for leave to appeal.
(2) The application under paragraph (1) is taken to be made when the summons is filed.
(3) Not less than 14 days before the day for hearing named in the summons, the appellant shall serve on the respondent to the appeal the summons together with a copy of the affidavit filed under Rule 3A.04 and any exhibit.
(4) Not less than five days before the day for hearing named in the summons, the respondent shall file and serve a copy of any affidavit in answer and shall serve a copy of any exhibit.
(5) If at any time the Court is satisfied that the hearing of the summons should be expedited, the Court may, of its own motion or on application, bring the summons on for hearing.
(6) Subject to paragraphs (7), (8) and (9), on the return of the summons, the Court shall give directions with respect to the appeal.
(7) If leave to appeal is required, the Court may, as appropriate—
(a) direct that the application for leave to appeal be heard and determined by the Court which, if leave is granted, is to hear and determine the appeal; or
(b) hear and determine the application for leave to appeal.
(8) If leave to appeal is refused, the Court shall dismiss the appeal.
(9) The Court may dismiss the appeal if satisfied that—
(a) the notice of appeal does not identify sufficiently or at all a question of law on which the appeal may be brought;
(b) the appellant does not have an arguable case on appeal or to refuse leave would impose no substantial injustice; or
(c) the appeal is frivolous, vexatious or otherwise an abuse of the process of the Court.
Rule 3A.06 revoked by S.R. No. 32/2018 rule 29.
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