Victorian Consolidated Legislation

Magistrates' Court Act 1989 - SECT 50

Power to amend where there is a defect or error

50. Power to amend where there is a defect or error



(1) On the hearing of a proceeding the Court must not allow an objection to a
charge, summons or warrant on account of any defect or error in it in
substance or in form or for any variance between it and the evidence presented
in the proceeding but the Court may amend the charge, summons or warrant to
correct the defect or error.

(2) An order must not be set aside or quashed only because of a defect or
error in form but the Court may amend the order to correct the defect or
error.