Victorian Consolidated Regulations

MAGISTRATES' COURT GENERAL CIVIL PROCEDURE RULES 2020 - REG 59.10

    (1)     In this Rule, "self-executing order" means an order that upon the failure of a party to do any act or take any step which under these Rules the party is required to do or take or to comply with an order that the party do any such act or take any such step—

        (a)     if the party is a plaintiff, that the complaint be dismissed;

        (b)     if the party is a defendant, that the notice of defence of the party, if any, be struck out.

    (2)     A defendant whose defence is struck out upon the failure to comply with a self-executing order is, for the purpose of Part 1 of Order 21, taken to be a defendant who does not give notice of defence.

    (3)     The Court may set aside or vary, as the case requires—

        (a)     a self-executing order;

        (b)     the dismissal of a complaint upon the failure of a plaintiff to comply with a self-executing order;

        (c)     the striking out of a notice of defence upon the failure of a defendant to comply with a self-executing order;

        (d)     an order made under Rule 21.01 upon the failure of a defendant to comply with a self‑executing order;

        (e)     an order made under Rule 21.08 upon the failure of a plaintiff to comply with a self‑executing order.

60.01–60.03     * * * * *