Victorian Numbered Regulations

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SUPREME COURT (GENERAL CIVIL PROCEDURE) RULES 2015 (SR NO 103 OF 2015) - REG 28A.06

Non-compliance with Rules and documents that may be set aside etc.

    (1)     If the Court or the Prothonotary considers that the form or contents of an originating process filed in RedCrest shows that the proceeding or claim commenced thereby is or would be irregular or an abuse of the process of the Court, the Court may order or the Prothonotary may direct that the filing of the originating process be set aside or be of no effect.

    (2)     Where a document filed in RedCrest has not been prepared in accordance with these Rules or any order of the Court—

        (a)     the Court may order or the Prothonotary may direct that the filing of the document be set aside or be of no effect; and

        (b)     the Court may order that the party responsible shall not be entitled to rely upon the document in any manner in the proceeding until a document which is duly prepared is made available.

    (3)     The Court, of its own motion or on the application of a party, may set aside or vary a direction given by the Prothonotary under paragraph (1) or (2).



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