Court Procedures Rules 2006

A failure to comply with these rules in relation to a proceeding is an irregularity and does not make the proceeding, or a document, step taken or order made in the proceeding, void.

If there has been a failure to comply with these rules in relation to a proceeding, the court may—

set aside all or part of the proceeding; or

set aside a step taken or order made in the proceeding; or

declare a document or step taken to be void; or

declare a document or step taken to be valid; or

make another order that could be made under these rules (including an order dealing with the proceeding generally); or

make any order dealing with the proceeding generally that it considers appropriate.

However, the court must not—

set aside a proceeding only because the proceeding was started by the incorrect originating process; or

set aside an originating process only because the incorrect originating process was used.

The court may act under subrule (2) on application by a party or on its own initiative.

Note Pt 6.2 (Applications in proceedings) applies to an application for an order under this rule.