Victorian Consolidated Regulations

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SUPREME COURT (GENERAL CIVIL PROCEDURE) RULES 2015 - REG 57.03

Order on application

    (1)     On an application under Rule 57.02 the Court may—

        (a)     order that a writ shall issue; or

        (b)     order that the person restrained be released.

    (2)     Where an order is made under paragraph (1)(a), the Court shall give directions as to the Judge of the Court before whom, and the date on which, the writ is returnable.

    (3)     A writ shall be in Form 57A.

    (4)     Subject to Rule 57.05, a writ shall be served personally on each defendant.

    (5)     An order that the person restrained be released shall be a sufficient warrant to any governor of a prison, police officer or other person for the release of that person from restraint.

    (6)     The Court may make an order under paragraph (1) notwithstanding that the application is not made on notice to the defendant.



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