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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