Djime v Le

[2016] VSCA 105

Victorian Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Court of Appeal
3. › Filing of documents
4. › Registrar's refusal to accept non-compliant documents
5. › Application to direct Registrar to accept documents
6. › Unrepresented litigant
7. › Exceptional circumstances
8. › No prospect of compliance with rules
9. › Whether court should direct acceptance of defective documents
10. › Supreme Court (General Civil Procedure) Rules 2015 (Vic), rr 64.15(5)(b), 64.27(3), 64.40, 64.43(5)
1. Practice and Procedure
2. › Appeals
3. › Appeal from associate judge to judge
4. › Nature of appeal
5. › Appeal by way of rehearing
6. › Not confined to errors of law
1. Practice and Procedure
2. › Court of Appeal
3. › Scope of appeal
4. › Whether applicant may expand proceeding on appeal by adding parties or claims not adjudicated below

Quick Take

Where an unrepresented litigant has no prospect of filing documents that comply with the relevant rules and practice directions, and refusal to accept the documents would only prolong unproductive pre-litigation exchanges, the court may in exceptional circumstances direct the Registrar to accept the non-compliant documents for filing. An appeal from an associate judge to a judge in the Supreme Court of Victoria is by way of rehearing and is not confined to errors of law.