There is no power to extend time for an appeal by way of rehearing to the County Court under ss 91-96 of the Personal Safety Intervention Orders Act 2010 (Vic); the time extension provisions in s 109(5) of the Magistrates' Court Act 1989 (Vic) apply only to appeals on questions of law to the Supreme Court. Section 111 of the PSIO Act, requiring each party to bear their own costs, does not apply to judicial review proceedings in the Supreme Court challenging decisions made under the Act. A magistrate is not obliged to raise applications (such as a stay for abuse of process) on their own motion to assist an unrepresented litigant, as to do so would cross the boundary between judicial assistance and advocacy.
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