Victorian Current Acts

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VICTORIAN CIVIL AND ADMINISTRATIVE TRIBUNAL ACT 1998 - SECT 126

Extension or abridgment of time and waiver of compliance

    (1)     The Tribunal, on application by any person or on its own initiative, may extend any time limit fixed by or under an enabling enactment for the commencement of a proceeding.

    (2)     If the rules permit, the Tribunal, on application by a party or on its own initiative, may—

        (a)     extend or abridge any time limit fixed by or under this Act, the regulations, the rules or a relevant enactment for the doing of any act in a proceeding; or

        (b)     waive compliance with any procedural requirement, other than a time limit that the Tribunal does not have power to extend or abridge.

    (3)     The Tribunal may extend time or waive compliance under this section even if the time or period for compliance had expired before an application for extension or waiver was made.

    (4)     The Tribunal may not extend or abridge time or waive compliance if to do so would cause any prejudice or detriment to a party or potential party that cannot be remedied by an appropriate order for costs or damages.

    (5)     In this section—

"relevant enactment" means an enactment specified in the rules to be a relevant enactment for the purposes of this section.



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