Victorian Numbered Regulations Victorian Numbered Regulations(1) Where on an application under section 61 of the Civil Procedure Act 2010 for summary judgment leave is given to defend or summary judgment is given on a claim or part of a claim but execution of the judgment is stayed pending the trial of an outstanding claim or counterclaim or of the proceeding, as the case may be, the Court may give directions as to the further conduct of the proceeding.
(2) The Court—
(a) may direct that an affidavit made under this Order shall serve as a defence or defence and counterclaim;
(b) may order the proceeding to be forthwith set down for trial; and
(c) may define the questions to be tried.