Victorian Consolidated Regulations

SUPREME COURT (GENERAL CIVIL PROCEDURE) RULES 2005 - SECT 1.15.

Procedure wanting or in doubt

1.15. Procedure wanting or in doubt



(1) Where the manner or form of the procedure-

   (a)  for commencing, or for taking any step, in a proceeding; or

   (b)  by which the jurisdiction, power or authority of the Court is
        exercisable-

is not prescribed by these Rules or by or under any Act, or for any other
reason there is doubt as to the manner or form of that procedure, the Court
shall determine what procedure is to be adopted and may give directions.

(2) An act done in accordance with a determination or direction under
paragraph (1) is regular and sufficient.

(3) An application for directions with respect to the commencement of a
proceeding shall be made by originating motion in which no person is named as
defendant and an application for directions with respect to a proceeding
already commenced shall be made by summons.