Victorian Numbered Regulations

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SUPREME COURT (GENERAL CIVIL PROCEDURE) RULES 2015 (SR NO 103 OF 2015) - REG 58.03

Application for leave

    (1)     Where the application on which the associate judge of the County Court gave the judgment or made the order was not made on notice, application for leave—

        (a)     shall be brought on for hearing within five days of the judgment or order; and

        (b)     shall be supported by an affidavit complying with paragraph (3).

    (2)     Where the application for the judgment or order was made on notice, application for leave—

        (a)     shall be by notice in writing to attend before a Judge on the day and at the time named in the notice; and

        (b)     the notice, together with an affidavit complying with paragraph (3), shall be filed within five days after the judgment or order and served on every person interested not less than two days before the day named.

    (3)     The affidavit shall—

        (a)     set out the facts, matters and circumstances relating to the judgment given or order made, as the case may be, and the reasons why leave should be granted; and

        (b)     exhibit a copy of any affidavit filed in the County Court and identify any other evidence to be relied upon on the hearing of the appeal.

    (4)     An order extending the time fixed by paragraph (1) or (2) may be made by a Judge of the Court or an associate judge of the County Court.



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