Victorian Current Acts Victorian Current Acts(1) If a new trial is held, the court may treat any order or other decision made at a directions hearing or other pre-trial hearing held in connection with the earlier trial as if it had been made at a directions hearing or other pre-trial hearing held in connection with the new trial.
(2) Despite subsection (1), the court need not treat an order or other decision in the manner set out in subsection (1) if the court considers that to do so—
(a) would be inconsistent with any order or decision made or direction given on an appeal; or
(b) would otherwise not be in the interests of justice.