Victorian Consolidated Regulations

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MAGISTRATES' COURT GENERAL CIVIL PROCEDURE RULES 2020 - REG 8.01

Time for giving notice of defence

Unless the Court otherwise orders, the time stated in the complaint for the defendant to give a notice of defence must be—

        (a)     where the complaint is to be served in Victoria, not less than 21 days after service;

        (b)     where the complaint is to be served out of Victoria and in another part of Australia, not less than 21 days after service;

        (c)     where the complaint is to be served in Papua New Guinea, not less than 28 days after service;

        (d)     where the complaint is to be served in New Zealand under Part 2 of the Trans‑Tasman Proceedings Act 2010 of the Commonwealth, 30 working days (within the meaning of that Act) after service or, if a shorter or longer period has been fixed by the Court under section 13(1)(b) of that Act, the period so fixed;

Note

For the purposes of the definition of working day in the Trans-Tasman Proceedings Act 2010 of the Commonwealth, a working day is a day on which documents may be filed in the registry of a venue of the Court prescribed for the purposes of a proceeding to which that Act applies—see Rule 4.04(1B) of these Rules and Rule 11.01(2) of the Magistrates' Court (Miscellaneous Civil Proceedings) Rules 2020 .

        (e)     in any other case, not less than 42 days after service.



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