Ms Rachel Minch:

There are differing views on this point. Under the old system, leave applications were made on notice and opposed, which would take a year, after which leave would be granted and there may have been another year or two of litigation, added to costs, delays and inefficiencies in the court system. I do not think anybody thinks it is a good idea to go back to that. What is being proposed here is interesting, in the sense there is a deemed leave provision, unless somebody steps in to oppose it. Some people would say there is some merit there. It moves matters along, unless a respondent or notice party sees there is a manifest issue, whereby one is out of time and does not have standing to challenge it. There could be some merit to a hybrid.