Victorian Numbered Regulations

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SUPREME COURT (GENERAL CIVIL PROCEDURE) RULES 2015 (SR NO 103 OF 2015) - REG 64.08

Extension of time to file or serve application, including for leave to appeal, or notice of appeal

    (1)     The Court of Appeal or the Registrar may extend the time to file or serve an application, including for leave to appeal, or a notice of appeal, including after the time for filing or service has expired.

    (2)     An application to extend the time for filing or serving an application, including for leave to appeal, or a notice of appeal is made by filing with the Registrar

        (a)     an application in accordance with Form 64B;

        (b)     an affidavit in support in accordance with any applicable practice direction; and

        (c)     any additional document required by any applicable practice direction to be filed at the time of commencing the application.

    (3)     Where the application is to extend the time for filing, or for filing and serving, an application for leave to appeal or a notice of appeal

        (a)     the extension application shall be filed with the Registrar at the same time as the application for leave to appeal or notice of appeal and the written case and other documents required by Rule 64.02 or 64.03, as the case may be, are filed; and

        (b)     a copy of the extension application and of the affidavit in support and of any additional document filed in connection with the extension application shall be served by the applicant or appellant on each respondent at the same time as the documents required by Rule 64.02 or Rule 64.03, as the case may be, are served.

    (4)     Where the application is only to extend the time for serving an application for leave to appeal or a notice of appeal

        (a)     the extension application shall be filed with the Registrar as soon as practicable; and

        (b)     a copy of the extension application and of the affidavit in support and of any additional document filed in connection with the extension application shall, as soon as practicable, be served by the applicant or appellant on each respondent.

    (5)     Any respondent to an extension application who opposes the application shall file and serve

        (a)     a notice of opposition in accordance with Form 64D;

        (b)     any affidavit on which the respondent intends to rely in opposition to the application; and

        (c)     any additional document required by any applicable practice direction.

    (6)     A respondent to an extension application who does not oppose it shall file and serve a notice of intention not to respond or contest in accordance with Form 64E.

    (7)     A notice under paragraph (5) or (6) shall be filed and served

        (a)     within 14 days of service of the extension application; or

        (b)     within such shorter or longer time as the Court of Appeal or Registrar may specify.

    (8)     A respondent to an extension application who unreasonably opposes it may be ordered to pay the costs of the extension application.

    (9)     An extension application is ordinarily to be determined without an oral hearing, unless the Court of Appeal otherwise directs.

    (10)     Subject to this Rule, Rules 64.06 and 64.07 apply, with any necessary modification, to the service of an extension application.



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