Victorian Consolidated Regulations

SUPREME COURT (GENERAL CIVIL PROCEDURE) RULES 2005 - SECT 7.02.

Indorsement on originating process

7.02. Indorsement on originating process



(1) Originating process served on any defendant out of Australia in accordance
with this Order shall, at the time of service on that defendant, contain an
indorsement stating the facts and the particular paragraph of Rule 7.01 relied
upon in support of such service.

(1.1) The indorsement under paragraph (1) shall be distinct from the
indorsement of claim on the originating process, but any fact in support of
service out of Australia which is a fact alleged by the indorsement of claim
may be incorporated by specific reference in the indorsement under paragraph
(1).

(2) If the originating process does not contain the indorsement referred to in
paragraph (1) at the time it is filed, the plaintiff, in accordance with
paragraph (3), may amend the originating process to include the indorsement.

(3) The originating process shall be taken to be amended upon the filing by
the plaintiff of a copy of the originating process with the indorsement
included.

(4) Upon the filing of an amended copy of originating process under paragraph
(3) or at any later time, the Prothonotary, on the request of the plaintiff,
shall seal a sufficient number of copies of the originating process as amended
for service and proof of service.