Supreme Court (General Civil Procedure) Rules 2025 (Vic), ord 56
Extension of time to file and serve application for judicial review
County Court decision dismissing an appeal against orders of the Magistrates’ Court
Quick Take
1A proceeding under the Personal Safety Intervention Orders Act 2010 (Vic) must be brought against a 'person' named as respondent whose name identifies a unique individual. A description such as 'Jess (Unknown)' does not sufficiently identify the respondent, so no order can be made under s 61(1). This is because a finding that the respondent engaged in prohibited behaviour or stalking requires identification of the perpetrator, and an order directed to an unidentified person risks uncertainty for both the intended subject and others sharing the name.
2'Special circumstances' under r 56.02(3) of the Supreme Court (General Civil Procedure) Rules 2025 (Vic) is assessed by reference to all the circumstances. The relevant factors include the delay, the reasons for it, justice to the parties and the public interest in finality. The absence of substantive merit in the proposed judicial review grounds may be the principal reason for refusing an extension, even for a short delay caused by a self-represented litigant filing the wrong form.
3A pseudonym order may be justified where publication is likely to cause significant further distress to a party, assessed by reference to her subjective beliefs about the matters alleged without determining their truth. In contrast, a party's commercial interest in later writing about the proceeding, or a wish to protect reputation or shield family members from the information, will not suffice.
