Victorian Consolidated Regulations

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SUPREME COURT (GENERAL CIVIL PROCEDURE) RULES 2015 - REG 8.06

Address for service of defendant

Rule 8.06(1) substituted by S.R. No. 32/2017 rule 8.

    (1)     A notice of appearance shall state—

        (a)     if the defendant appears by a solicitor—

              (i)     the address of the defendant;

              (ii)     the name or firm and the business address within Victoria of the solicitor;

              (iii)     if the solicitor is an agent of another, the name or firm and the business address of the principal; and

              (iv)     an email address for service of the defendant; and

        (b)     if the defendant appears in person—

              (i)     the address of the defendant;

              (ii)     if that address is out of Victoria, an address of the defendant within Victoria; and

              (iii)     an email address for service of the defendant.

Rule 8.06(1.1) inserted by S.R. No. 32/2017 rule 8, amended by S.R. No. 97/2017 rule 5.

    (1.1)     On the application of the defendant, the Prothonotary, at any time, may, for special reason, dispense with the requirement in paragraph (1)(a)(iv) or the requirement in paragraph (1)(b)(iii).

    (2)     The address for service of a defendant shall be—

        (a)     where the defendant appears by a solicitor, the business address of the solicitor stated in the notice of appearance or, where the solicitor acts by an agent, the business address of the agent;

        (b)     where the defendant appears in person, the address of the defendant in Victoria stated in the notice of appearance.

    (3)     Notwithstanding paragraphs (1) and (2), the address for service of the defendant duly stated in a notice of appearance to which the Service and Execution of Process Act 1992 of the Commonwealth or the Trans-Tasman Proceedings Act 2010 of the Commonwealth applies shall be such address for service.

    (4)     Where the address of a defendant stated in a notice of appearance is not genuine, the Court may set aside the appearance and allow the plaintiff to continue the proceeding as if the appearance had not been filed.



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