When is the deadline for file appearance to writ or originating motion served in victoria?
The catalogue records a 10 days period from Service of the writ or originating motion on the defendant in Victoria. This draft page remains free only until its source, worked example and limits are reviewed.
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Calculation basis and source
- Period
- 10 days
- Trigger
- Service of the writ or originating motion on the defendant in Victoria
- Counting
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- Rollovers and holidays
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- Unless the Court otherwise orders (r 8.04 opening words).
- r 8.04 fixes the minimum time that must be stated in the writ; the operative deadline is the time actually stated in the originating process, which may be longer. A defendant may file an appearance at any time (r 8.07(1)) but a late appearance carries the same time for serving a defence as if it had been filed on the last day stated (r 8.07(2)). Corrected on verification: the paragraph reference was r 8.04(a) of the revoked 2015 Rules. Rule 8.04 was substituted by S.R. No. 127/2025 and the Victorian service case is now r 8.04(a)(i) of the Supreme Court (General Civil Procedure) Rules 2025. The 10 day period is unchanged.