Victorian Numbered Regulations

SUPREME COURT (APPEALS TO THE TRIAL DIVISION, JUDICIAL REVIEW AND FURTHER POWERS OF JUDICIAL REGISTRARS AMENDMENT) RULES 2018 (SR NO 32 OF 2018) - REG 8

After Rule 56.02 of the Supreme Court (General Civil Procedure) Rules 2015 insert —

        " 56.03     Service of originating motion and of summons for directions

The plaintiff shall serve the originating motion and a copy of the affidavit referred to in Rule 56.01(5), together with a summons for directions under Rule 56.04(3), on each defendant as soon as practicable after the filing of the originating motion and the filing of the summons for directions.

        56.04     Appearance and summons for directions

    (1)     Rules 45.01, 45.02 and 45.03 apply to an originating motion under this Order, but Rules 45.04 and 45.05 do not so apply.

    (2)     Where a defendant has filed an appearance pursuant to Order 8, no judgment shall be given for the relief or remedy sought except on application by the plaintiff on further notice to that defendant.

    (3)     As soon as practicable after the filing of the originating motion, and in any event no later than seven days after the originating motion has been filed, the plaintiff shall apply on summons for directions.

    (4)     The application for directions is taken to be made when the summons is filed.

    (5)     Subject to this Rule, Order 46 applies, with any necessary modifications, to an application for directions under this Rule.

        56.05     Directions generally

The Court may, on application or on its own motion, conduct a directions hearing in the proceeding at any time.".