Victorian Numbered Regulations

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SUPREME COURT (GENERAL CIVIL PROCEDURE) RULES 2015 (SR NO 103 OF 2015) - REG 77.06.9

Powers of Judge of the Court hearing appeal

    (1)     On an appeal referred to in Rule 77.06, a Judge of the Court shall have all the powers of the Court constituted by an Associate Judge.

    (2)     The Judge of the Court shall have power to—

        (a)     receive further evidence upon questions of fact, whether by oral examination in court, by affidavit, or by deposition taken before an examiner;

        (b)     draw inferences of fact;

        (c)     give any judgment and make any order which ought to have been given or made; and

        (d)     make any further or other order as the case may require.

    (3)     The powers of a Judge of the Court under this Rule may be exercised notwithstanding—

        (a)     that no notice of appeal has been given in respect of any particular part of the judgment or order of the Associate Judge which is the subject of the appeal or by any particular party to the proceeding before the Associate Judge; or

        (b)     that any ground for allowing the appeal or for affirming or varying the judgment or order of the Associate Judge is not specified in the notice of appeal.



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