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.