Victorian Numbered Regulations Victorian Numbered Regulations(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 may file and serve notice of trial or 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.