A notice of hearing under s 229(3) of the Justices Act 1886 (Qld) must warn the appellant that the appeal may be struck out if the appellant fails to appear; without such a warning, the section is not enlivened and a striking out order is erroneous. However, where an applicant has no realistic prospects of success on the merits, the Court of Appeal may grant leave to appeal but dismiss the appeal rather than remit for a further hearing.
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