Victorian Consolidated Regulations

SUPREME COURT (GENERAL CIVIL PROCEDURE) RULES 2015 - REG 21.02

Rule 21.02(1) amended by S.R. No. 19/2019 rule 5(2)(a).

    (1)     Where any defendant, being required to serve a defence, does not do so 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 21.02(1) inserted by S.R. No. 19/2019 rule 5(2)(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 defence can be entered.

    (2)     Judgment shall not be entered or given for the plaintiff unless an affidavit proving the default is filed.

    (3)     Paragraphs (1) and (2) shall apply, with any necessary modification, where—

        (a)     the defendant has served a defence; and

        (b)     by or under an order of the Court the defence is struck out.