5Non‑compliance with Regulations

#### 5 Non‑compliance with Regulations (1) Non‑compliance with these Regulations, or with a rule of practice or procedure in a court exercising jurisdiction under the Act, does not render proceedings in that court void unless the court so directs. (2) In exercising its discretion under this regulation, the court shall have regard to the real merits of the case, the minimizing of expense, and whether any party to the proceedings has suffered injustice or has been prejudicially affected by non‑compliance with these Regulations. (3) In relation to proceedings that commenced before the commencement of these Regulations, a reference, in subregulation (1), to these Regulations shall be read as including a reference to the former Regulations in their application to those proceedings.