Victorian Consolidated Regulations

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SUPREME COURT (GENERAL CIVIL PROCEDURE) RULES 2015 - REG 45.04

Proceedings after appearance

    (1)     Where a defendant has filed an appearance, no judgment shall be given for the relief or remedy sought except on application by the plaintiff in accordance with this Rule.

    (2)     Except as provided in paragraph (3), application shall be made to an Associate Judge by summons in Form 45A served on the defendant.

Rule 45.04(3) amended by S.R. Nos 51/2016 rule 7, 32/2018 rule 4.

    (3)     In a proceeding commenced by originating motion under Order 53, the plaintiff may apply for judgment on the day specified in the originating motion for application to the Associate Judge.

    (4)     On an application under paragraph (2) or (3), the Associate Judge may, as appropriate—

        (a)     where the Associate Judge has authority to give the judgment sought by the plaintiff, hear and determine the application or refer it to another Associate Judge for hearing and determination;

        (b)     by consent of the defendant, give the judgment;

        (c)     refer the application to a Judge of the Court for hearing and determination;

        (d)     place the proceeding in the list of cases for trial and give directions for the filing and service of affidavits or otherwise.



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