Victorian Numbered Regulations Victorian Numbered Regulations(1) Within seven days after filing notice of appeal, the appellant shall apply on summons to an Associate Judge for directions and, if necessary, for leave to appeal.
(2) The application 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 58.09 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 Associate Judge is satisfied that the hearing of the summons should be expedited, the Associate Judge may of the Associate Judge's own motion or on application bring the summons on for hearing.
(6) Subject to paragraphs (7) and (8), the Associate Judge shall give directions with respect to the appeal.
(7) If leave to appeal is required—
(a) the Associate Judge shall determine whether leave to appeal is given; and
(b) if leave to appeal is refused, the Associate Judge shall dismiss the appeal.
(8) The Associate Judge 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.