Victorian Consolidated Regulations Victorian Consolidated Regulations(1) Within seven days after filing the notice of appeal, the appellant or applicant shall apply on summons—
(a) for directions;
(b) if necessary, for an extension of time; and
(c) if necessary, for leave to appeal.
(2) The application under paragraph (1) is taken to be made when the summons is filed.
(3) Not less than 14 days before the day for hearing named in the summons, the appellant or applicant shall serve on the respondent to the appeal the summons together with a copy of the affidavit filed under Rule 4.07 and any exhibit.
(4) The respondent shall file and serve a copy of any affidavit in answer and shall serve a copy of any exhibit not less than five days before the day for hearing named in the summons.
(5) If at any time the Court is satisfied that the hearing of the summons should be expedited, the Court may, on its own motion or on application, bring the summons on for hearing.
(6) Subject to paragraphs (7), (8) and (9), on the return of the summons, the Court shall give directions with respect to the appeal or proposed appeal.
(7) If an extension of time is needed or leave to appeal is required, the Court may, as appropriate—
(a) direct that the application for an extension of time or for leave to appeal be heard and determined by the Court which, if an extension of time or leave to appeal is granted, is to hear and determine the proposed appeal; or
(b) hear and determine the application for an extension of time or for leave to appeal.
(8) The Court may dismiss the appeal or the application for an extension of time or for leave to appeal (as the case may be) if satisfied that—
(a) the notice of appeal does not identify sufficiently or at all a question of law on which the appeal or proposed appeal may be brought;
(b) the appellant or applicant does not or would not have an arguable case on appeal or to refuse leave would impose no substantial injustice; or
(c) the appeal or application is frivolous, vexatious or otherwise an abuse of the process of the Court.
(9) If an extension of time is not required or is granted, and the Court gives leave to appeal, then, except as otherwise provided by any Act and unless the Court otherwise orders—
(a) the appeal is thereupon taken to have been duly commenced by the filing of the notice of appeal;
(b) no further notice of appeal shall be required; and
(c) notwithstanding Rule 4.06, no further copy of the notice of appeal need be served.
(10) The Court may, in a proper case, grant a stay of proceedings under the order of the tribunal.
Note
There are currently no Rules 4.09 to 4.13.