Victorian Numbered Regulations

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SUPREME COURT (GENERAL CIVIL PROCEDURE) RULES 2015 (SR NO 103 OF 2015) - REG 64.46

Dismissal for want of prosecution or non-compliance

    (1)     The Court of Appeal constituted by one or more Judges of Appeal may make an order dismissing an application, including for leave to appeal, or appeal for—

        (a)     failure to comply with an order or direction of the Court of Appeal or of the Registrar;

        (b)     failure to comply with any provision of these Rules;

        (c)     failure to attend a hearing relating to the application or appeal; or

        (d)     want of prosecution.

    (2)     An order under paragraph (1) may be made—

        (a)     of the Court of Appeal's own motion; or

        (b)     on the application of a party.

    (3)     If an application or appeal is dismissed pursuant to this Rule, the applicant or appellant shall pay each other party's costs of the application or appeal on an indemnity basis, unless otherwise ordered by the Court of Appeal.



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