Acts and Regulations

Rule-2 - NON-COMPLIANCE WITH THE RULES

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Current to 1 January 2024
PRELIMINARY MATTERS
RULE 2
NON-COMPLIANCE WITH THE RULES
2.01The Court Dispensing with Compliance
The court may at any time dispense with compliance with any rule, unless the rule expressly or impliedly provides otherwise.
2.02Effect of Non-Compliance
A procedural error, including failure to comply with these rules or with the procedure prescribed by an Act for the conduct of a proceeding, shall be treated as an irregularity and shall not render the proceeding a nullity, and all necessary amendments shall be permitted or other relief granted at any stage in the proceeding, upon proper terms, to secure the just determination of the matters in dispute between the parties. In particular, the court shall not set aside any proceeding because it ought to have been commenced by an originating process other than the one employed.
2.03Attacking the Regularity of Proceedings
A motion to attack a proceeding for irregularity shall be made within a reasonable time, and shall not be allowed if the party applying has taken a further step in the proceeding after having knowledge of the irregularity.
2.04Where No Procedure Provided
In any matter of procedure not provided for by these rules or by an Act the court may, on motion, give directions.