An order for costs is no longer regarded as adequate compensation for delay caused by late amendments or adjournments, particularly in light of the overarching obligations under the Civil Procedure Act 2010 (Vic). Late applications to significantly expand the scope of an appeal will be refused where there is no sufficient explanation for the delay and the proposed new grounds are non-compliant with the rules or without merit. Allegations that a judgment was procured by fraud should be pursued by application in the Trial Division, not on appeal.
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