Victorian Numbered Regulations

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SUPREME COURT (GENERAL CIVIL PROCEDURE) RULES 2015 (SR NO 103 OF 2015) - REG 21.01

Default of appearance

    (1)     This Rule applies only to a proceeding commenced by writ.

    (2)     Where a defendant does not file an appearance within the time limited, the plaintiff may enter or apply for judgment against that defendant in accordance with this Order.

    (3)     Judgment shall not be entered or given for the plaintiff unless there is filed—

        (a)     a notice to the Prothonotary requesting the Prothonotary to search for an appearance by the defendant;

        (b)     an affidavit proving service of the writ on the defendant; and

        (c)     where the plaintiff applies for judgment in accordance with Rule 21.04 and the indorsement of claim on the writ does not constitute a statement of claim in accordance with Rule 5.04, a statement of claim.



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