Where an application for leave to appeal is taken to be abandoned due to non-compliance with filing directions, the court may reinstate the proceeding where the failure was slight and explicable, the respondent has not demonstrated the appeal is devoid of merit, reinstatement would not preclude timely resolution, and any prejudice can be compensated by costs orders. The overarching purpose of the Civil Procedure Act 2010 (Vic) does not preclude reinstatement where the original listing date remains available.
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