Victorian Current Acts Victorian Current ActsS. 5(1) amended by No. 110/1986 s. 134(c)(i)(ii).
(1) The defendant may, within the relevant period after the service of a writ under section 4, enter an appearance to the writ if the defendant has made application to the Supreme Court and—
(a) paid into court the sum endorsed on the writ; or
S. 5(1)(b) amended by No. 110/1986 s. 134(c)(i).
(b) filed affidavits satisfactory to the Court which disclose—
(i) a defence; or
(ii) such facts as would make it incumbent on the holder to prove consideration; or
S. 5(1)(b)(iii) amended by No. 110/1986 s. 134(c)(i).
(iii) such other facts as the Court deems sufficient to support the application—
and the Court has given leave to appear to the writ and defend the action upon such terms as to security or otherwise as to the Court seems fit.
(2) In subsection (1) "relevant period" means—
(a) if the defendant resides within 80 kilometres of the post office corner of Bourke and Elizabeth Streets Melbourne—16 days; and
(b) if the defendant resides beyond that distance—21 days.
No. 3706 s. 6.
S. 6
amended by No. 110/1986
s. 134(d)
(i)–(iii).