The case confirms that the overarching obligations under Part 2.3 of the Civil Procedure Act 2010 (Vic), including the obligations to narrow issues and to act promptly, are relevant factors in the exercise of the discretion to extend time to file a notice of appeal. Even a relatively short delay (12 days) may be fatal where there is no explanation, the litigation history is protracted, and the proposed appeal has negligible prospects of success.
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