Victorian Consolidated Regulations

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SUPREME COURT (GENERAL CIVIL PROCEDURE) RULES 2015 - REG 64.11

Documents to be filed and served in response to application, including for leave to appeal, or appeal

    (1)     Within 28 days after service of an application for leave to appeal or notice of appeal, or within such shorter or longer time as the Court of Appeal or the Registrar may specify, each respondent to the application for leave to appeal or appeal shall file, and shall serve a copy of—

Rule 64.11(1)(a) amended by S.R. No. 73/2019 rule 38(1).

        (a)     a written case in response and any additional documents required by any applicable practice note; or

        (b)     a notice in accordance with Form 64E that the respondent does not intend to respond to or contest the application or the appeal.

    (2)     A party who has filed a notice of intention not to respond or contest referred to in paragraph (1) may apply to the Court of Appeal for leave to withdraw the notice.

    (3)     An application under paragraph (2) to withdraw the notice shall be accompanied by an affidavit stating—

        (a)     briefly but specifically the acts, facts, matters and circumstances relied upon in support of the application for leave to withdraw the notice; and

        (b)     the party's intentions in relation to the further conduct of the proceeding should leave to withdraw the notice be granted.

    (4)     Within 14 days after service of an application (other than an application for leave to appeal or an application to set aside or vary a dismissal of an application for leave to appeal) or such shorter or longer time as the Court of Appeal or the Registrar may specify, each respondent who opposes the application shall file, and shall serve a copy of—

        (a)     a notice of opposition in accordance with Form 64D;

        (b)     any affidavit on which the respondent intends to rely in opposition to the application; and

Rule 64.11(4)(c) amended by S.R. No. 73/2019 rule 38(2).

        (c)     any additional document required by any applicable practice note.

    (5)     Within 14 days after service of an application (other than an application for leave to appeal or an application to set aside or vary a dismissal of an application for leave to appeal) or within such shorter or longer time as the Court of Appeal or the Registrar may specify, each respondent who does not oppose the application shall file, and shall serve a copy of, a notice in accordance with Form 64E that the respondent does not intend to respond to or contest the application.

    (6)     A respondent who has filed a notice of intention not to respond or contest under paragraph (5) may, without leave, withdraw the notice, but in that event, paragraph (4) of this Rule will apply to that respondent.

    (7)     Subject to this Rule, Rules 64.06 to 64.08 apply with any necessary modification to the filing and service of a document to which this Rule relates.



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