Where a court raises summary dismissal of its own motion under s 63 of the Civil Procedure Act 2010 (Vic), the party against whom summary dismissal is directed must have sufficient prior notice to enable them to marshal their case and put on additional material. The fact that a hearing occupies a full day does not of itself constitute sufficient notice. An application to set aside orders on the ground of fraud must be commenced by fresh writ with a properly particularised statement of claim, not by summons in the existing proceeding.
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