Victorian Numbered Regulations

SUPREME COURT (GENERAL CIVIL PROCEDURE) RULES 2015 (SR NO 103 OF 2015) - REG 41.16

Where a person has given an undertaking in accordance with Rules 41.13 and 41.15, and does not, within 14 days after service on that person of an account of expenses incurred in consequence of the letter of request, pay to the Prothonotary the amount of the expenses, the Court may, on application by the Prothonotary—

        (a)     order the applicant or the applicant's solicitor (where the undertaking was given by the solicitor) or both of them to pay the amount of the expenses to the Prothonotary; and

        (b)     where—

              (i)     the applicant is plaintiff, stay the proceeding until payment so far as concerns the whole or any part of any claim for relief by the applicant;

              (ii)     the applicant is defendant, make such order as it thinks fit, including an order that until payment the defendant be taken not to have filed an appearance or be not permitted to use in evidence any deposition of a witness obtained pursuant to the letter of request.