Victorian Consolidated Legislation

Instruments Act 1958 - SECT 4

Commencement of proceedings in the Supreme Court

4. Commencement of proceedings in the Supreme Court

Any proceeding in the Supreme Court upon a bill after the same has become due
may be by writ in the form contained in the Second Schedule to this Act and
indorsed as therein mentioned. And it shall be lawful for the plaintiff on
filing an affidavit-

   (a)  where the defendant is a natural person, of personal service of such
        writ upon him or, where the Court makes an order for substituted
        service, of service in accordance with that order; or



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   (b)  where the defendant is a company within the meaning of the
        Corporations Act, of service of such writ on the company in accordance
        with section 109X of that Act; or

   (c)  where the defendant is a registered body within the meaning of the
        Corporations Act, of service of such writ on the registered body in
        accordance with section 601CX of that Act-

and a copy of the writ and the indorsements thereon, in case the defendant has
not obtained leave to appear and appeared to such writ according to the
exigency thereof, at once to enter final judgment for any sum not exceeding
the sum indorsed on the writ together with the interest at the rate specified
(if any) to the date of the judgment, and such sum as is from time to time
specified in the Rules of the Supreme Court for costs unless the plaintiff
claims more than such sum, in which case the costs shall be assessed in the
ordinary way; and the plaintiff may upon such judgment issue execution
forthwith.