The case restates the comprehensive list of principles governing the exercise of discretion to extend the validity of a writ for service under r 5.12 of the County Court Civil Procedure Rules 2018 (Vic), as summarised in Howard v Power [2013] VSC 198. In Australia, unlike England, there is no rule that a defendant acquires an absolute right to immunity when a writ issued within the limitation period is not served and the limitation period subsequently expires; the English 'exceptional circumstances' test does not apply.
The full text is available to signed-in members.