Commonwealth Consolidated Regulations

HIGH COURT RULES 2004 - REG 2.03

2.03.1      A failure to comply with these Rules is an irregularity and does not render a proceeding, or any step taken in a proceeding, or any document, judgment or order in a proceeding a nullity.

2.03.2      Subject to rule 2.03.3, where there has been a failure to comply with these Rules the Court or a Justice may:

                (a)    set aside the proceeding or any step taken in the proceeding;

               (b)    make such other order whether allowing amendment or otherwise as is appropriate.

2.03.3      A proceeding or a step taken in any proceeding shall not be set aside on the application of a party to the proceeding made on the ground of a failure to comply with these Rules unless the application is made within a reasonable time and before the applicant has taken any fresh step after becoming aware of the irregularity.