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r 21.02

Affidavit required

In force
Part 1Order in default of defence

21.02 Affidavit required

An application under Rule 21.01 to which Rule 21.01(2)(a) applies must be filed with the registrar and must be accompanied by—

(a)

if the claim—

(i)

is for a debt or liquidated demand; or

(ii)

is a claim arising from a motor vehicle accident and the claim is—

(A)

for the cost of repairs only; or

(B)

for total loss of the vehicle only—

an affidavit or declaration of service of the complaint; and

(b)

in any other case—

(i)

an affidavit or declaration of service of the complaint;

(ii)

an affidavit or affidavits verifying the complaint and the nature and extent of the injury, loss or damage suffered by the plaintiff.

Rule 21.03 substituted by S.R. No. 102/2022 rule 16.

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Section 21.02 — Affidavit required — Magistrates' Court General Civil Procedure Rules 2020 (Victoria) — Barrister AI