Victorian Consolidated Regulations Victorian Consolidated RegulationsRule 21.04(1) amended by S.R. No. 102/2022 rule 17.
(1) If an application has been made to which Rule 21.02(a) applies and the registrar is satisfied that an order should be made, the registrar must make such an order.
(2) In an application under paragraph (1) the registrar must fix the amount of costs and interest as is appropriate in the circumstances in accordance with Appendix A.
Rule 21.04(3) amended by S.R. No. 102/2022 rule 17.
(3) If an application has been made to which Rule 21.02(a) applies and the registrar is not satisfied that an order should be made, the registrar may, or if the plaintiff so requests must, refer the matter to the Court for decision.
(4) If an application has been made to which Rule 21.02(b) applies, the registrar must refer the matter to the Court for decision.
(5) If the registrar refers an application to the Court, the Court may—
(a) make the order sought in the application;
(b) direct that a further affidavit or affidavits be filed;
(c) give directions as to the application;
(d) refuse to make the order sought in the application;
(e) make any other order it considers appropriate.
(6) If the Court, under paragraph (5)(b), directs a further affidavit or affidavits to be filed, upon the filing of such affidavit or affidavits, the registrar may make an order.
(7) The registrar must notify the plaintiff of any order made by the registrar or (if the application has been referred to the Court) any decision or order of the Court.