Victorian Numbered Regulations

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SUPREME COURT (GENERAL CIVIL PROCEDURE) RULES 2015 (SR NO 103 OF 2015) - REG 57.02

Application for writ

    (1)     A writ shall not issue except by order of the Court.

    (2)     An application for a writ shall be made to a Judge of the Court.

    (3)     The person making the application, whether or not that person is the person restrained, shall be plaintiff and the person against whom the issue of the writ is sought shall be defendant in the proceeding.

    (4)     The application shall be made on notice to the defendant.

    (5)     Notice shall be by summons and, subject to Rule 57.05, service of the summons shall be personal.

    (6)     The application shall be supported by an affidavit by the person restrained showing that it is made at that person's instance and stating the nature of the restraint.

    (7)     Where the person restrained is unable for any reason to make the affidavit referred to in paragraph (6)—

        (a)     the affidavit may be made by another person; and

        (b)     that affidavit shall show that the person restrained is unable to make the affidavit.

    (8)     In an urgent case, the Court may dispense with compliance with any of the requirements of paragraphs (4) to (7).

    (9)     Order 46 applies, with any necessary modification, to an application under this Rule.



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