Victorian Numbered Regulations

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SUPREME COURT (GENERAL CIVIL PROCEDURE) RULES 2015 (SR NO 103 OF 2015) - REG 45.03

Judgment where no appearance

    (1)     Where a defendant fails to file an appearance within the time limited, the Court may—

        (a)     on application made by the plaintiff without notice to the defendant; and

        (b)     on proof of service of the originating motion and of the failure—

give judgment against that defendant for the relief or remedy sought in the originating motion.

    (2)     For the purpose of these Rules, the hearing of the application is the trial of the proceeding.

    (3)     Except for the purpose of proof of service of the originating motion and of the failure of the defendant to appear, the plaintiff shall not, unless the Court otherwise orders, use in evidence on the application any affidavit made by the plaintiff or on the plaintiff's behalf and not served on the defendant with the originating motion.



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