Victorian Consolidated Regulations

SUPREME COURT (GENERAL CIVIL PROCEDURE) RULES 2005 - SECT 7.07.

Service of counterclaim or third party notice

7.07. Service of counterclaim or third party notice



(1) This Rule applies to-

   (a)  a counterclaim against the plaintiff and another person joined as
        defendant under Rule 10.03 where the person joined is not already a
        party to the proceeding; and

   (b)  a third party notice filed in accordance with Order 11.

(2) A counterclaim or third party notice may be served out of Australia
without leave where the claim made by the defendant in the counterclaim or
third party notice is of such a kind that, if the claim were made by writ or
other originating process, the originating process could be served out of
Australia without order of the Court under Rule 7.01.

(3) Where paragraph (2) does not apply, the Court may, by order, allow service
out of Australia of a counterclaim or third party notice.