Victorian Consolidated Regulations

[Index] [Table] [Search] [Search this Regulation] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

SUPREME COURT (GENERAL CIVIL PROCEDURE) RULES 2015 - REG 45.05

Special procedure

    (1)     In this Rule "plaintiff" includes a person who proposes to commence a proceeding by originating motion.

    (2)     The Court may by order

        (a)     dispense with the requirements of Rules 5.03(1) and 8.02; and

        (b)     authorise the plaintiff to commence a proceeding by originating motion in Form 5C.

    (3)     Without limiting paragraph (2), an order may be made—

        (a)     in an urgent case;

        (b)     to save time and expense for the parties; or

        (c)     where the defendant consents.

    (4)     An order may be made on application by the plaintiff before or after the proceeding is commenced and, except where the originating motion has been served on the defendant, application may be made without notice to the defendant.

    (5)     An application made before the proceeding is commenced shall not constitute a proceeding for the purpose of any requirement of these Rules with respect to originating process.

    (6)     Judgment shall not be given for the plaintiff, or an order made, for the relief or remedy sought in the originating motion or otherwise except on application made to an Associate Judge or, if the Associate Judge does not have authority to give the judgment or make the order sought by the plaintiff, to a Judge of the Court, on notice to the defendant in Form 45B.

    (7)     Where an application is made to an Associate Judge under paragraph (6), the Associate Judge may, as appropriate—

        (a)     hear and determine the application or refer it to another Associate Judge or a Judge of the Court for hearing and determination;

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

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

    (8)     Where an application is made to a Judge of the Court under paragraph (6), the Judge may give judgment or make any order the Judge considers appropriate.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback