Victorian Consolidated Regulations Victorian Consolidated Regulations(1) This Rule applies only to a proceeding commenced by writ.
Rule 21.01(2) amended by S.R. No. 19/2019 rule 5(1)(a).
(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 unless Rule 2.07(1) of Chapter II applies.
Note to rule 21.01(2) inserted by S.R. No. 19/2019 rule 5(1)(b).
Note
Rule 2.07(1) of Chapter II provides that, in a Commercial List that is managed by a Commercial List Judge, an order of a Commercial List Judge is required before judgment in default of appearance can be entered.
(3) Judgment shall not be entered or given for the plaintiff unless there is filed—
(a) a notice to the Prothonotary requesting the Prothonotary to search for an appearance by the defendant;
(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.