Australian Capital Territory Numbered Regulations Australian Capital Territory Numbered Regulations(1) This regulation applies if, in beginning a proceeding or at any stage during the proceeding there is a failure to comply with a requirement of the Act, or a direction given by the Magistrates Court, because of an act or omission in or in connection with the proceeding, whether in relation to time, place, manner, form, content or in any other respect.
(2) The failure is an irregularity (the irregularity ) and does not nullify the proceeding, a step taken or document filed in the proceeding or an order made in the proceeding.
(3) The Magistrates Court may, on the terms it considers just, set aside, completely or partly, the proceeding, a step taken or document filed in the proceeding or an order made in the proceeding, and exercise its powers under these regulations to allow amendments and to make orders relating to the conduct of the proceeding generally.
(4) However, the Magistrates Court must not set aside a proceeding, step taken or document filed in a proceeding or an order made in the proceeding on the ground of the irregularity on the application of a party unless the application is made within a reasonable time and before the applicant has taken any fresh step in the proceeding after becoming aware of the irregularity.