Commonwealth Numbered Regulations

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HIGH COURT RULES 20042004 No. 304- RULE 2.03

Failure to comply
2.03.1 A failure to comply with these Rules is an irregularity and does not render a proceeding, or any step taken in a proceeding, or any document, judgment or order in a proceeding a nullity.

2.03.2 Subject to rule 2.03.3, where there has been a failure to comply with these Rules the Court or a Justice may:

(a)
set aside the proceeding or any step taken in the proceeding;

(b)
make such other order whether allowing amendment or otherwise as is appropriate.

2.03.3 A proceeding or a step taken in any proceeding shall not be set aside on the application of a party to the proceeding made on the ground of a failure to comply with these Rules unless the application is made within a reasonable time and before the applicant has taken any fresh step after becoming aware of the irregularity.



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