CRIMES (DOMESTIC AND PERSONAL VIOLENCE) ACT 2007 - SECT 66
Irregularity
CRIMES (DOMESTIC AND PERSONAL VIOLENCE) ACT 2007 - SECT 66
Irregularity
66 Irregularity
(1) If, in or in connection with application proceedings or the commencement
of application proceedings, there is a failure to comply with any requirement
of this Act or the rules, the failure is to be treated as an irregularity and
does not nullify the proceedings or any step taken in the proceedings, or any
judgment, document or order in the proceedings.
(2) Subsection (1) applies to
a failure to comply with a requirement relating to time, place, manner, form
or content or any other failure.
(3) In the case of an irregularity, the
court may, on terms, set aside wholly or in part the proceedings or any step
taken in the proceedings or any document, judgment or order in the proceedings
or exercise its powers under the rules to allow judgments and to make orders
dealing with the proceedings generally.
(4) The court must not take action
under subsection (3) on the application of a party unless that application is
made within a reasonable time and before the party has taken any fresh step
after becoming aware of the irregularity.