Victorian Consolidated Regulations

SUPREME COURT (GENERAL CIVIL PROCEDURE) RULES 2005 - SECT 6.15.

Recovery of vacant land

6.15. Recovery of vacant land



(1) In a proceeding for the recovery of land, the Court may-

   (a)  if satisfied that no person appears to be in possession of the land
        and that service of originating process cannot be otherwise effected
        on any defendant without undue delay or expense, authorise service on
        that defendant to be effected by affixing a copy of the originating
        process to some conspicuous part of the land;

   (b)  if satisfied that no person appears to be in possession of the land
        and that service could not otherwise have been effected on any
        defendant without undue delay or expense, order that service already
        effected by affixing a copy of the originating process to some
        conspicuous part of the land shall be taken to be good service on that
        defendant.

(2) This Rule has effect notwithstanding that the defendant is outside
Victoria at the time of affixing the copy of the originating process.