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r 13.10

Failure to give particulars

In force
Part 2* * *

13.10 Failure to give particulars

(1)

If a party fails to comply with a notice requiring further particulars, the Court may make an order—

(a)

requiring the party to provide the further particulars within a time specified by the Court; or

(b)

requiring the party to provide the further particulars within a time specified by the Court and on failure to do so—

(i)

if the party is a plaintiff, that the complaint be dismissed; or

(ii)

if the party is a defendant, that the party's notice of defence, if any, be struck out; or

(c)

if the party is a plaintiff, that the complaint be dismissed; or

(d)

if the party is a defendant, that the party's notice of defence, if any, be struck out.

(2)

A defendant whose notice of defence is struck out in accordance with paragraph (1)(b)(ii) or (1)(d) must, for the purpose of Rule 21.01, be taken to be a defendant who does not give notice of defence.

(3)

An application for an order under paragraph (1) must be made before the day fixed for hearing of the complaint.

Order 14—Service of pleadings

* * * * *

Order 15—Persons under disability

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Section 13.10 — Failure to give particulars — Magistrates' Court General Civil Procedure Rules 2020 (Victoria) — Barrister AI