Victorian Consolidated Regulations

SUPREME COURT (MISCELLANEOUS CIVIL PROCEEDINGS) RULES 1998 - SECT 4.13.

Directions

4.13. Directions



(1) Within seven days after filing the notice of appeal, the appellant shall
apply on summons to a Master for directions.

(2) The application is taken to be made when the summons is filed.

(3) The appellant shall serve the summons and a copy of the affidavit filed
under Rule 4.12 and of any exhibit on the respondent to the appeal not less
than 14 days before the day for hearing named in the summons.

(4) The respondent shall file and serve a copy of any affidavit in answer and
shall serve a copy of any exhibit not less than five days before the day for
hearing named in the summons.

(5) If at any time the Master is satisfied that the hearing of the summons
should be expedited, the Master may of his or her own motion or on the
application of the respondent bring the summons on for hearing.

(6) Subject to paragraph (7), the Master shall give directions with respect to
the appeal.

(7) The Master may dismiss the appeal if satisfied that the applicant does not
have a prima facie case on appeal or that to dismiss the appeal would impose
no substantial injustice.

(8) If directions are given with respect to affidavits, no affidavit in
respect of which the directions have not been complied with shall be used
without leave of the Court.

(9) The Master may in a proper case grant a stay of proceedings under the
order of the tribunal.