Victorian Numbered Regulations

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SUPREME COURT (GENERAL CIVIL PROCEDURE) RULES 2015 (SR NO 103 OF 2015) - REG 1.15

Procedure wanting or in doubt

    (1)     Where the manner or form of the procedure—

        (a)     for commencing, or for taking any step, in a proceeding; or

        (b)     by which the jurisdiction, power or authority of the Court is exercisable—

is not prescribed by these Rules or by or under any Act, or for any other reason there is doubt as to the manner or form of that procedure, the Court shall determine what procedure is to be adopted and may give directions.

    (2)     An act done in accordance with a determination or direction under paragraph (1) is regular and sufficient.

    (3)     An application for directions with respect to the commencement of a proceeding shall be made by originating motion in which no person is named as defendant and an application for directions with respect to a proceeding already commenced shall be made by summons.



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