Victorian Numbered Regulations

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Summons and affidavit in support

    (1)     An application shall be made by summons supported by an affidavit—

        (a)     verifying the facts on which the claim or the part of the claim to which the application relates is based; and

        (b)     stating that in the belief of the deponent the defence to the claim or the defence to the relevant part of the claim

              (i)     has no real prospect of success; or

              (ii)     has no real prospect of success except as to the amount of the claim or as to the amount of the relevant part of the claim.

    (2)     Where a statement in a document tends to establish a fact within paragraph (1) and at the trial of the proceeding the document would be admissible by or under the Evidence (Miscellaneous Provisions) Act 1958 , the Evidence Act 2008 or any other Act to verify the fact, the affidavit under paragraph (1) may set forth the statement.

    (3)     An affidavit under paragraph (1) may contain a statement of fact based on information and belief if the grounds are set out and, having regard to all the circumstances, the Court considers that the statement ought to be permitted.

    (4)     The plaintiff shall serve the summons and a copy of the affidavit or affidavits and of any exhibit referred to in the affidavit or affidavits on the defendant not less than 14 days before the day for hearing named in the summons.

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