New South Wales Consolidated Regulations

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CRIMINAL APPEAL RULES - REG 50C

Power to set aside or vary order

50C Power to set aside or vary order

(cf UCPR rule 36.16)

(1) The Court may set aside or vary an order if an application for the setting aside or variation is made before entry of the order.
(1A) An application to set aside or vary an order may only be made with the leave of the Court.
(1B) The Court may determine both whether to grant leave and the application on the papers.
(2) If an application for the setting aside or variation of an order is made within 14 days after the order is entered, the Court may determine the matter, and (if appropriate) set aside or vary the order under subrule (1), as if the order had not been entered.
(3) Within 14 days after an order is entered, the Court may of its own motion set aside or vary the order as if the order had not been entered.
(4) The Court may not extend the time limited by subrule (2) or (3).
(5) Nothing in this rule affects any other power of the Court to set aside or vary an order (including any power to correct clerical mistakes or errors arising from accidental slips or omissions).



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