An application under s 11(5) of the Supreme Court Act 1986 (Vic) to vary or discharge an order of a single Judge of Appeal is not a hearing de novo or rehearing but a restricted review requiring demonstration that the single judge's discretion clearly miscarried. The Victorian Court of Appeal adopted the approach of the NSW Court of Appeal in Wentworth v Wentworth. The prospects of success of the underlying appeal are a relevant factor in the exercise of discretion on reinstatement of an abandoned appeal.
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