Victorian Consolidated Regulations

SUPREME COURT (GENERAL CIVIL PROCEDURE) RULES 2005 - SECT 7.04.

Leave to proceed where no appearance

7.04. Leave to proceed where no appearance



(1) Where no appearance is filed by a party served with originating process
out of Australia, the Court may order that the plaintiff shall be at liberty
to proceed if satisfied-

   (a)  that the subject matter of the proceeding so far as it concerns that
        party is within Rule 7.01; and

   (b)  that the originating process was duly served on that party.

(2) An application for an order under paragraph (1) shall be supported by
affidavit or other evidence showing the grounds on which the application is
made.