Supreme Court of Judicature (Protection from Harassment) Rules 2021 · As enacted · Part 5 · General Provisions Applicable to Protection from Harassment Proceedings
76. Effect of non-compliance with these Rules
Feedback & supportSubject to paragraph (2), where, in any PH proceedings before a court, there has been a failure to comply with any requirement of these Rules, the failure is to be treated as an irregularity and does not nullify the proceedings, any step taken in the proceedings, or any decision, direction or order given by the court.
A court may, on the ground that there has been a failure mentioned in paragraph (1), and on such terms as to costs or otherwise as the court thinks just —
set aside either wholly or in part the PH proceedings in which the failure occurred, any step taken in those PH proceedings, or any document, decision, direction or order in those PH proceedings; or
exercise the court’s powers under these Rules to allow such amendments (if any) to be made and to make such order (if any) dealing with the PH proceedings generally as the court thinks fit.
The Registrar may exercise any power of a court under paragraph (2), but cannot set aside a decision, a direction or an order made by a judge.
Subregulation 1
Subject to paragraph (2), where, in any PH proceedings before a court, there has been a failure to comply with any requirement of these Rules, the failure is to be treated as an irregularity and does not nullify the proceedings, any step taken in the proceedings, or any decision, direction or order given by the court.
Subregulation 2
A court may, on the ground that there has been a failure mentioned in paragraph (1), and on such terms as to costs or otherwise as the court thinks just —
set aside either wholly or in part the PH proceedings in which the failure occurred, any step taken in those PH proceedings, or any document, decision, direction or order in those PH proceedings; or
exercise the court’s powers under these Rules to allow such amendments (if any) to be made and to make such order (if any) dealing with the PH proceedings generally as the court thinks fit.
Subregulation 3
The Registrar may exercise any power of a court under paragraph (2), but cannot set aside a decision, a direction or an order made by a judge.