Victorian Consolidated Legislation

Instruments Act 1958 - SECT 5

Appearance may be entered

5. Appearance may be entered









(1) The defendant may, within the relevant period after the service of a writ
under section 4, enter an appearance to the writ if the defendant has made
application to the Supreme Court and-

   (a)  paid into court the sum endorsed on the writ; or

   (b)  filed affidavits satisfactory to the Court which disclose-

   (i)  a defence; or

   (ii) such facts as would make it incumbent on the holder to prove
        consideration; or

   (iii) such other facts as the Court deems sufficient to support the
        application-

and the Court has given leave to appear to the writ and defend the action upon
such terms as to security or otherwise as to the Court seems fit.

(2) In subsection (1) relevant period means-

   (a)  if the defendant resides within 80 kilometres of the post office
        corner of Bourke and Elizabeth Streets Melbourne-16 days; and

   (b)  if the defendant resides beyond that distance-21 days.