Victorian Numbered Regulations

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SUPREME COURT (GENERAL CIVIL PROCEDURE) RULES 2015 (SR NO 103 OF 2015) - REG 5.12

Duration and renewal of originating process

    (1)     A writ or an originating motion shall be valid for service for one year after the day it is filed.

    (2)     Where a writ or originating motion has not been served on a defendant, the Court may, from time to time, by order extend the period of validity for such period from the day of the order as the Court directs, being not more than one year from that day.

    (3)     An order may be made under paragraph (2) before or after expiry.

    (4)     The plaintiff may apply under paragraph (2) without notice to the defendant, but if the Court considers that the defendant ought to be heard, the Court shall—

        (a)     adjourn the further hearing; and

        (b)     direct the plaintiff to give notice to the defendant by summons or otherwise.

    (5)     Where an order is made under paragraph (2), the Prothonotary shall stamp any sealed copy originating process for service with the date of the order and the extended date of validity.



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