Victorian Numbered Regulations

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SUPREME COURT (GENERAL CIVIL PROCEDURE) RULES 2015 (SR NO 103 OF 2015) - REG 37.03

Procedure

    (1)     An application for an order under Rule 37.01 shall be made by summons—

        (a)     served on all parties to the proceeding; and

        (b)     served personally on each person who would be affected by the order if made.

    (2)     The Court may make an order under Rule 37.01 notwithstanding that any person not being a party who will be affected by the order has not been served with the summons personally or at all.

    (3)     An application under Rule 37.02 shall be made by originating motion to which the person against whom the order is sought shall be made respondent.

    (4)     An order shall not be made under Rule 37.02 except by a Judge of the Court.

    (5)     A summons under paragraph (1) or an originating motion under paragraph (3) shall be supported by an affidavit—

        (a)     stating the facts on which the application is made; and

        (b)     specifying or describing the property in respect of which the order is sought.

    (6)     A copy of the supporting affidavit shall be served on every person on whom the summons or originating motion is served.



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