Victorian Numbered Regulations Victorian Numbered Regulations(1) Subject to this Rule, Order 46 shall with any necessary modification apply to an application to the Court of Appeal under this Order.
(2) An application may be determined by the Court of Appeal without the attendance of, and without hearing, the applicant or any respondent provided that not less than three days before the day appointed for the hearing of the application the Registrar, at the direction of the Court, has notified all parties that attendance by them or on their behalf is not required.
(3) If an application is determined under paragraph (2), the Court of Appeal may upon application under this paragraph by any party to the summons set aside or vary the order made under paragraph (2).
(4) If an application under paragraph (3) is dismissed and costs are ordered against the party making that application, such costs may be ordered on an indemnity basis.
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