Victorian Consolidated Regulations

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SUPREME COURT (CORPORATIONS) RULES 2013 - REG 14.1

Appeals against acts, omissions or decisions

    (1)     All appeals to the Court authorised by the Corporations Act must be commenced by an originating process or interlocutory process stating—

        (a)     the act, omission or decision complained of;

        (b)     in the case of an appeal against a decision—whether the whole or part only and, if part only, which part of the decision is complained of; and

        (c)     the grounds on which the complaint is based.

    (2)     Unless the Corporations Act or the Corporations Regulations otherwise provide, the originating process or interlocutory process must be filed within—

        (a)     21 days after the date of the act, omission or decision appealed against; or

        (b)     any further time allowed by the Court.

    (3)     The Court may extend the time for filing the originating process or interlocutory process either before or after the time for filing expires and whether or not the application for extension is made before the time expires.

    (4)     As soon as practicable after filing the originating process or interlocutory process and, in any case, at least 5 days before the date fixed for hearing, the person instituting the appeal must serve a copy of the originating process or interlocutory process and any supporting affidavit, on each person directly affected by the appeal.

    (5)     As soon as practicable after being served with a copy of the originating process or interlocutory process and any supporting affidavit, a person whose act, omission or decision is being appealed against must file an affidavit—

        (a)     stating the basis on which the act, omission or decision was done or made; and

        (b)     exhibiting a copy of all relevant documents that have not been put in evidence by the person instituting the appeal.

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