Victorian Numbered Regulations

SUPREME COURT (CHAPTER VI AMENDMENT NO. 5) RULES 2004 (SR NO 33 OF 2004) - REG 13

r. 13

    (1)     For Rule 2.10 of the Principal Rules substitute —

        "2.10     Early hearing

    (1)     If the day fixed for the hearing of the appeal or application for leave to appeal is before the expiry of     the time fixed by Rule 2.09.1(2) for the filing of the outline of the appellant's submissions, that outline shall be filed and served not less than seven days before the day fixed for the hearing and Rule 2.09.3 does not apply.    

    (2)     If the day fixed for the hearing of the appeal or application for leave to appeal is before     the time fixed by paragraph (3) of Rule 2.09.1 for the filing by the respondent of any document referred to in that paragraph—

        (a)     such document shall be filed and served by the respondent not less than four days before the day fixed for the hearing;

        (b)     any outline of submissions in reply shall be filed and served not less than one day before the day fixed for the hearing; and

        (c)     Rule 2.09.3 does not apply.

        2.10.1     Time

    (1)     If the last day for doing any act under this Order is a day on which the office of the court is closed, the act may be done on the next day the office is open.

    (2)     The Court of Appeal or the Registrar may abridge or extend time under this Part before the time expires.

    (3)     The Court of Appeal may abridge or extend time under this Part after the time has expired.

    (4)     When extending time the Court of Appeal or the Registrar may impose conditions or give directions.".

    (2)     After Rule 2.11(3) of the Principal Rules insert —

    "(4)     This Rule applies only to a notice filed before 1 July 2004.".