Victorian Numbered Regulations

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SUPREME COURT (GENERAL CIVIL PROCEDURE) RULES 2015 (SR NO 103 OF 2015) - REG 59.05

Notice of judgment to non-party

    (1)     This Rule applies where the Court gives judgment or makes an order for—

        (a)     the administration of the estate of a deceased person;

        (b)     the execution of a trust; or

        (c)     the sale of property.

    (2)     Where the judgment or order

        (a)     affects the rights of any person not a party; or

        (b)     directs the taking of an account or the making of an inquiry—

the Court may by the judgment or order, or by subsequent order, direct that notice of the judgment be served on any person interested.

    (3)     The Court may direct that notice under paragraph (2) be served personally or in some other manner, and, where it appears that service is impracticable, may dispense with service.

    (4)     A notice of judgment served under paragraph (2) shall be endorsed in accordance with Form 59A.

    (5)     Where under this Rule notice of a judgment is served on a person, or the Court dispenses with service of notice of judgment on a person—

        (a)     subject to paragraph (6), that person shall be bound by the judgment to the same extent as if the person were a party at the time the judgment or order was given or made, except where the judgment or order has been obtained by fraud or non-disclosure of material facts;

        (b)     that person may, after filing an appearance, attend on the taking of the account or the making of the inquiry under the judgment or order.

    (6)     The Court may set aside or vary the judgment or order on the application of any person referred to in paragraph (2).

    (7)     An application under paragraph (6) shall be made by summons, which shall be filed—

        (a)     if notice of the judgment or order has been served on the applicant, within 28 days after service;

        (b)     if the Court has dispensed with service of notice, within 28 days after the day the order dispensing with service was made.



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