Victorian Numbered Regulations

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SUPREME COURT (GENERAL CIVIL PROCEDURE) RULES 2015 (SR NO 103 OF 2015) - REG 64.42

Powers of and directions given by Associate Judges and Registrar

    (1)     Without limiting any other power of an Associate Judge or the Registrar, an Associate Judge or the Registrar, at any time, may make procedural orders or give directions in relation to—

        (a)     any application in the Court of Appeal, including for leave to appeal;

        (b)     an appeal to the Court of Appeal;

        (c)     a cross-application for leave to appeal to the Court of Appeal;

        (d)     a cross-appeal to the Court of Appeal; or

        (e)     any other proceeding in the Court of Appeal.

    (2)     An order or direction under paragraph (1) may be made—

        (a)     of the Associate Judge's or Registrar's own motion; or

        (b)     on the application of a party.

    (3)     An Associate Judge or the Registrar may make any order for costs as the Associate Judge or the Registrar thinks fit in relation to the exercise of any power conferred upon the Associate Judge or the Registrar by this Order.

    (4)     The Court of Appeal, an Associate Judge or the Registrar, with or without the consent of any party, may order that an application for leave to appeal, an appeal, a cross-application for leave to appeal, a cross-appeal or other proceeding in the Court of Appeal be referred to a mediator.

    (5)     Rules 50.07, 50.07.1, 50.07.3 and 50.07.4 apply with any necessary modification to a proceeding in the Court of Appeal which is referred to a mediator in accordance with paragraph (4).

    (6)     An Associate Judge or the Registrar may, in or in relation to any proceeding in the Court of Appeal make any order by consent of all the parties, including any order by consent if all the parties dealing with or disposing of the whole or any part of an application, including for leave to appeal, or an appeal.

    (7)     Notwithstanding any direction given or order made by an Associate Judge or the Registrar, the Court of Appeal constituted by one or more Judges of Appeal may at any time, of its own motion or on application, give directions or make orders in relation to any application (including for leave to appeal) or appeal before it.

    (8)     Without limiting the generality of paragraph (7), the Court of Appeal constituted by one or more Judges of Appeal may set aside or vary any direction given or order made by an Associate Judge or the Registrar.

    (9)     Subject to paragraph (10), an application for an order under paragraph (8) shall be dealt
with on the basis of the application, written cases (if applicable) and documents filed by the parties prior to the decision of the Associate Judge or the Registrar.

    (10)     Further material shall not be relied upon except with leave of the Court of Appeal.

    (11)     If an application under paragraph (8) is refused, the party making the application shall pay each opposing party's costs of the application on an indemnity basis, unless the Court of Appeal otherwise orders.



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