Victorian Numbered Regulations Victorian Numbered Regulations(1) The Court may give directions as to the order of evidence and addresses and generally as to the conduct of the trial.
(2) Subject to any direction given under paragraph (1)—
(a) where the burden of proof on any question lies on the plaintiff, the plaintiff shall begin;
(b) where the burden of proof on all the questions lies on the defendant, the defendant shall begin.
(3) Subject to any direction given under paragraph (1)—
(a) where the only parties are one plaintiff and one defendant, and there is no counterclaim, the order of evidence and addresses shall be as provided by the following paragraphs of this Rule; and
(b) in any other case, the order of evidence and addresses shall be as provided by those paragraphs with such modifications as the nature of the case requires.
(4) The party who begins may make an address opening the party's case and may then adduce that party's evidence.
(5) When, in the course of the case for the party who begins, no document or thing is admitted in evidence on tender by the opposite party, and at the conclusion of that case—
(a) the opposite party adduces evidence, the opposite party may first make an opening address and after adducing that party's evidence, the opposite party may make a closing address and thereafter the party who began may make a closing address;
(b) the opposite party does not adduce evidence, the party who began may make a closing address and then the opposite party may make an address.
(6) When, in the course of the case for the party who begins, any document or thing is admitted in evidence on tender by the opposite party, and at the conclusion of that case—
(a) the opposite party adduces evidence, the order of proceedings shall be as provided by paragraph (5)(a);
(b) the opposite party does not adduce evidence, the opposite party may make an address and then the party who began may make a closing address.