Time for giving notice of defence
8.01 Time for giving notice of defence
Unless the Court otherwise orders, the time stated in the complaint for the defendant to give a notice of defence must be—
where the complaint is to be served in Victoria, not less than 21 days after service;
where the complaint is to be served out of Victoria and in another part of Australia, not less than 21 days after service;
where the complaint is to be served in Papua New Guinea, not less than 28 days after service;
where the complaint is to be served in New Zealand under Part 2 of the Trans‑Tasman Proceedings Act 2010 of the Commonwealth, 30 working days (within the meaning of that Act) after service or, if a shorter or longer period has been fixed by the Court under section 13(1)(b) of that Act, the period so fixed;
Note
For the purposes of the definition of working day in the Trans-Tasman Proceedings Act 2010 of the Commonwealth, a working day is a day on which documents may be filed in the registry of a venue of the Court prescribed for the purposes of a proceeding to which that Act applies—see Rule 4.04(1B) of these Rules and Rule 11.01(2) of the Magistrates' Court (Miscellaneous Civil Proceedings) Rules 2020.
in any other case, not less than 42 days after service.
The statute text is free to read above. View Pro plans to unlock the case-law research tools for each provision.