Victorian Consolidated Regulations

SUPREME COURT (GENERAL CIVIL PROCEDURE) RULES 2005 - SECT 5.09.

Stay on payment of costs

5.09. Stay on payment of costs



(1) Where in a proceeding commenced by writ the plaintiff claims a debt only,
the writ shall be indorsed with-

   (a)  a statement of the amount of the debt and the amount claimed for
        costs; and

   (b)  a statement that the proceeding will come to an end if, within the
        time limited for filing an appearance, the defendant pays the amounts
        so claimed to the plaintiff or the plaintiff's solicitor.

(2) Where a writ is indorsed in accordance with paragraph (1), and the
defendant pays the amounts claimed within the time limited for filing an
appearance, then, except as provided by paragraph (3), the proceeding shall
come to an end.

(3) The defendant may, notwithstanding the payment, have the costs taxed, and,
if more than one-sixth shall be disallowed, the plaintiff 's solicitor shall
pay the costs of taxation.