Victorian Numbered Regulations Victorian Numbered Regulations(1) Within 14 days after being served with an application, including for leave to appeal, or being served or being deemed to be served with a notice of appeal, a respondent who objects to the competency of the application or appeal shall file and serve a notice of objection to competency in accordance with Form 64H that, briefly but specifically, states the grounds of the objection.
(2) The applicant or appellant must establish the competency of the application or appeal.
(3) A respondent may apply to the Court of Appeal for the question of competency to be heard and determined before the hearing of the application or appeal.
(4) If a respondent has not filed a notice of objection under paragraph (1), and the application or appeal is dismissed by the Court of Appeal as incompetent, the respondent is not entitled to any costs of the application or appeal, unless the Court of Appeal otherwise orders.