Victorian Consolidated Regulations

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SUPREME COURT (CRIMINAL PROCEDURE) RULES 2017 - REG 5.09

Application for reinstatement of certain money warrants

    (1)     An application under section 28 of the Sheriff Act 2009 for reinstatement of an executed money warrant as a money warrant shall be made by summons in the proceeding in Form 6–5G.

Note

Section 28(3) of the Sheriff Act 2009 provides that this application is to be made within 28 days after the person named or described in the relevant money warrant receives notice from the Sheriff under section 27(9) of that Act that a third party has paid the whole of the amount payable under that warrant.

    (2)     The summons shall be supported by an affidavit—

        (a)     stating the facts on which the application is made;

        (b)     giving particulars of the executed money warrant; and

        (c)     exhibiting the notice served on the applicant under section 27(9) of the Sheriff Act 2009 .



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