Victorian Numbered Regulations Victorian Numbered Regulationsr. 12
For Rule 2.09 of the Principal Rules substitute —
(1) This Rule, and Rules 2.09.1, 2.09.2, 2.09.3 and 2.10, apply only in relation to a notice of appeal or notice of application for leave to appeal that is filed on or after 1 July 2004.
(2) Subject to Rule 2.10, within two months after filing notice of appeal or notice of application for leave to appeal, the appellant shall file and serve a full statement of the grounds on which the appellant relies or intends to rely if leave to appeal is given.
(3) In the full statement of grounds, the appellant may add to, alter, modify, extend or vary the grounds set out in the notice of appeal or the notice of application for leave to appeal.
(4) The full statement of grounds shall set out the grounds relied upon or to be relied upon in precise terms and, once filed, may be amended only with leave of the Court of Appeal.
(1) This Rule is subject to Rule 2.10.
(2) Within one month after filing the full statement of grounds, the appellant shall file and serve an outline of the appellant's submissions to be made upon the hearing.
(3) Within one month after the service of the outline of the appellant's submissions, the respondent shall file and serve—
(a) an outline of the respondent's submissions to be made upon the hearing; and
(b) unless the application is for leave to appeal against sentence only and is to be heard by a Judge of Appeal under section 582 of the Act—
(i) a summary of the proceedings thus far; and
(ii) a summary of the evidence.
(4) If leave to appeal against sentence is given by a Judge of Appeal under section 582 of the Act or if, after leave to appeal has been refused by a Judge of Appeal, election is made by the appellant under Rule 2.08.1—
(a) within one month after leave is given or election made, as the case may be, the appellant shall file and serve an outline of the appellant's submissions to be made upon the hearing; and
(b) within one month after the service of the appellant's submissions, the respondent shall file and serve—
(i) an outline of the respondent's submissions to be made upon the hearing;
(ii) a summary of the proceedings thus far; and
(iii) a summary of the evidence.
(5) If the appellant intends to make any submission in reply to an outline of submissions served by the respondent under paragraph (3)(a) or (4)(b)(i), the appellant shall within 14 days after such service file and serve an outline of those submissions in reply.
If an appellant is unrepresented—
(a) a document may be served by the appellant by delivering to the Registrar at the time of filing an extra copy of the document marked for service upon the respondent;
(b) the Registrar may vary, modify or dispense with any of the requirements of Rule 2.09 or 2.09.1 in order to enable the fair and efficient hearing and determination of the proceeding.
(1) Subject to Rule 2.09.2 and to this Rule, if an appellant—
(a) fails to file a statement of grounds within the time fixed by or under Rule 2.09(2); or
(b) fails to file an outline of submissions within the time fixed by or under Rule 2.09.1(2) or (4)(a)—
the appeal or the application for leave to appeal (as the case may be) shall thereupon stand dismissed.
(2) When an appeal stands dismissed under paragraph (1) the Registrar shall notify the appellant accordingly.
(3) If an appeal stands dismissed under paragraph (1), the Court of Appeal may order that the appeal be reinstated on such terms as it sees fit.
(4) An application for reinstatement under paragraph (3) shall be made on notice supported by an affidavit.
(5) If an application for reinstatement is refused by a single Judge of Appeal, the Registrar shall notify the appellant of the decision in Form 6-2GA (with any necessary modification) and the appellant may then elect to have the application determined by three judges.
(6) Rule 2.08.1 shall apply to an election under paragraph (5) as if the election were under section 582 of the Act.".