Victorian Consolidated Regulations

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COUNTY COURT CIVIL PROCEDURE RULES 2018 - REG 21.01

Default of appearance

    (1)     This Rule applies only to a proceeding commenced by writ.

    (2)     Where a defendant does not file an appearance within the time limited, the plaintiff may enter or apply for judgment against that defendant in accordance with this Order.

    (3)     Judgment shall not be entered or given for the plaintiff unless there is filed—

        (a)     * * * *

        (b)     an affidavit proving service of the writ on the defendant; and

        (c)     where the plaintiff applies for judgment in accordance with Rule 21.04 and the indorsement of claim on the writ does not constitute a statement of claim in accordance with Rule 5.04, a statement of claim.



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