Victorian Current Acts

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Re-opening an order on substantive grounds

    (1)     A person in respect of whom an order is made may apply to the Tribunal for a review of the order if the person did not appear and was not represented at the hearing at which the order was made.

    (2)     An application under subsection (1) is to be made in accordance with, and within the time limits specified by, the rules.

    (3)     The rules may limit the number of times a person may apply under this section in respect of the same matter without obtaining the leave of the Tribunal.

    (4)     The Tribunal may—

S. 120(4)(a) substituted by No. 62/2014 s. 37(1).

        (a)     hear and determine the application if it is satisfied that—

              (i)     the applicant had a reasonable excuse for not attending or being represented at the hearing; and

              (ii)     it is appropriate to hear and determine the application having regard to the matters specified in subsection (4A); and

        (b)     if it thinks fit, order that the order be revoked or varied.

S. 120(4A) inserted by No. 62/2014 s. 37(2).

    (4A)     For the purposes of subsection (4)(a)(ii), the matters are—

        (a)     whether the applicant has a reasonable case to argue in relation to the subject-matter of the order; and

        (b)     any prejudice that may be caused to another party if the application is heard and determined.

S. 120(4B) inserted by No. 62/2014 s. 37(2).

    (4B)     The Tribunal may hear and determine an application under this section despite subsection (4A)(b) if the Tribunal is satisfied that any prejudice that may be caused to a party may be addressed by an order for costs under section 109 or an order for reimbursement of fees under section 115B or both.

S. 120(4C) inserted by No. 62/2014 s. 37(2).

    (4C)     In deciding to hear and determine an application under this section the Tribunal may require the applicant to give any undertaking as to costs or damages that the Tribunal considers appropriate.

    (5)     Nothing in Division 3 of Part 3 applies to a review under this section.

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