Victorian Consolidated Regulations

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

SUPREME COURT (GENERAL CIVIL PROCEDURE) RULES 2015 - REG 48.04

Default by plaintiff

    (1)     If the plaintiff does not within a reasonable time after the commencement of the proceeding file and serve notice of trial or apply to have a date fixed for the trial of the proceeding, the defendant

        (a)     may file and serve notice of trial; or

        (b)     may apply to the Court under Rule 24.01 to dismiss the proceeding for want of prosecution.

    (2)     If the Court fixes a date for the trial of the proceeding subject to the plaintiff's filing and serving notice of trial within a certain time and the plaintiff fails to file and serve notice of trial within that time, the defendant within seven days thereafter—

        (a)     may file and serve notice of trial; or

        (b)     may apply to the Court under Rule 24.01 to dismiss the proceeding for want of prosecution.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback