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allows a party to apply to the Court of Appeal for a review of a decision by a judge refusing to certify under clause 295(3). If the trial has not commenced when the judge refuses to certify, an application for review is commenced by filing a notice of that application which must be filed within 10 days of the refusal to certify or, if the trial commences within 10 days of this date, within 2 days after the commencement of the trial. The time limit for filing is also 2 days (but after the refusal to certify rather than the start of the trial) if the trial has already commenced at the time that the judge refuses to certify. A copy of the notice must be served on the respondent. Once again, the time limits for doing so, which are set out in subclause (3), depend on whether the trial has commenced—
if the trial has not commenced when the judge refuses to certify the notice must be served within 2 days of it being filed;
if the trial commences within 10 days of the refusal to certify, within 2 days of the commencement of the trial; and
if the trial has commenced when the judge refuses to certify, within 2 days after the refusal to certify.