Victorian Numbered Regulations Victorian Numbered Regulations(1) Notwithstanding Rules 64.30 and 64.31, if a respondent to an application for leave to appeal or an appeal does not seek to have the subject decision set aside or varied but proposes to contend that it should be affirmed on a ground of fact or law which was not decided or was erroneously decided or was not raised for decision below—
(a) it is not necessary for the respondent to file a cross-application for leave to appeal or cross-appeal; and
(b) the respondent shall file and serve a notice of contention—
(i) in accordance with Form 64G;
(ii) a written case; and
(iii) any additional document required by any applicable practice direction to be filed at the time of filing a notice of contention.
(2) A notice of contention and written case shall be filed and served on—
(a) the applicant for leave to appeal or appellant; and
(b) any other party directly affected by the notice of contention.
(3) The time for filing and service of a notice of contention, written case and any additional required document is—
(a) within 28 days after the service on the respondent of the application for leave to appeal or notice of appeal; or
(b) within such shorter or longer time as the Court of Appeal or Registrar may specify.
(4) A notice of contention may be amended with leave of the Court of Appeal.