New South Wales Consolidated Acts

CRIMES (APPEAL AND REVIEW) ACT 2001 - SECT 62

62 Effect of defect in notice of appeal or application for leave to appeal

(1) A notice of appeal or application for leave to appeal is not invalid merely because of a defect, whether of substance or form, in the notice or application.

(2) An appeal court hearing an appeal or application for leave to appeal may amend any such notice or application if it is satisfied that the notice or application is capable of amendment and ought to be amended.

(3) Such an amendment may be made subject to such conditions as to adjournment as the appeal court thinks just.

(4) An appeal court may dispose of an appeal or application for leave to appeal, despite the relevant notice or application having not been served on an interested party, if it is satisfied that the party--

(a) is aware of the date, time and place fixed for dealing with the appeal or application and has not been prejudiced as a consequence of the notice or application having not been served, or

(b) is avoiding service of the notice or application, or

(c) cannot, after reasonable search and inquiry, be found.