Non-compliance with the Supreme Court (General Civil Procedure) Rules 2015 (Vic) constitutes an irregularity, not a nullity, under r 2.01(1), and must be challenged by application to set aside within a reasonable time under rr 2.01(2) and 2.03. A criminal proceeding for a summary offence is 'commenced' for the purposes of the 12-month limitation period in s 7(1) of the Criminal Procedure Act 2009 (Vic) when the charge-sheet is filed with a registrar under s 6(1)(a), not when the hearing commences.
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