Court Procedures Rules
1450Effect of failure to comply with rules
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1450 Effect of failure to comply with rules (1) 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. (2) If there has been a failure to comply with these rules in relation to a proceeding, the court may— (a) set aside all or part of the proceeding; or (b) set aside a step taken or order made in the proceeding; or
Rule 1451 (c) declare a document or step taken to be void; or (d) declare a document or step taken to be valid; or (e) make another order that could be made under these rules (including an order dealing with the proceeding generally); or (f) make any order dealing with the proceeding generally that it (3) However, the court must not— (a) set aside a proceeding only because the proceeding was started by the incorrect originating process; or (b) set aside an originating process only because the incorrect originating process was used. (4) The court may act under subrule (2) on application by a party or on