Victorian Current Acts

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INSTRUMENTS ACT 1958 - SECT 4

Commencement of proceedings in the Supreme Court

Any proceeding in the Supreme Court upon a bill after the same has become due may be by writ in the form contained in the Second Schedule to this Act and indorsed as therein mentioned. And it shall be lawful for the plaintiff on filing an affidavit—

S. 4(a) amended by Nos 110/1986 s. 134(b)(iii), 44/2001 s. 3(Sch. item 65.1(a)).

        (a)     where the defendant is a natural person, of personal service of such writ upon him or, where the Court makes an order for substituted service, of service in accordance with that order; or

S. 4(aa) inserted by No. 8565 s. 24(9), substituted by No. 9699 s. 23, repealed by No. 44/2001 s. 3(Sch. item 65.1(b)).

    *     *     *     *     *

S. 4(b) substituted by Nos 9699 s. 23, 44/2001 s. 3(Sch. item 65.1(b)).

        (b)     where the defendant is a company within the meaning of the Corporations Act, of service of such writ on the company in accordance with section 109X of that Act; or

S. 4(c) substituted by Nos 9699 s. 23, 44/2001 s. 3(Sch. item 65.1(b)).

        (c)     where the defendant is a registered body within the meaning of the Corporations Act, of service of such writ on the registered body in accordance with section 601CX of that Act—

and a copy of the writ and the indorsements thereon, in case the defendant has not obtained leave to appear and appeared to such writ according to the exigency thereof, at once to enter final judgment for any sum not exceeding the sum indorsed on the writ together with the interest at the rate specified (if any) to the date of the judgment, and such sum as is from time to time specified in the Rules of the Supreme Court for costs unless the plaintiff claims more than such sum, in which case the costs shall be assessed in the ordinary way; and the plaintiff may upon such judgment issue execution forthwith.

S. 5
amended by S.R. No. 375/1973 reg. 2(a), No. 9947 s. 3(a)(b), substituted by No. 16/1986 s. 32(a).



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