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Other issues a solicitor enters an appearance without

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Other issues: A solicitor enters an appearance without the authority of a defendant An appearance is entered on behalf of a non-existent person: a nullity (cf. irregularity)
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Appearance can be… Unconditional (standard) Form 8A Conditional Form 8B
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Unconditional appearance Waives Objections to the court’s jurisdiction Irregularities in the originating process/commencement of proceedings or service (but not nullities) Submits to the jurisdiction of the court R 8.05(1): file in form 8A Can cure stale writs
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Unconditional Appearance: Form 8A FORM 8A Rule 8.05(1) NOTICE OF APPEARANCE [ heading as in originating process ] FILE an appearance for [ full name of defendant ] the abovenamed defendant. Dated [ e . g . 15 June, 20 ]. [ Signed ] The address of the defendant is [ where the defendant appears in person and the address of the defendant is outside Victoria The address of the defendant within Victoria for service is ]. [ where the defendant appears by a solicitor The name or firm and the business address within Victoria of the solicitor for the defendant is ]. [ where the solicitor is agent of another as agent for [name or firm and business address of principal ].] _______________ 12
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Unconditional Appearance What information is required to be included? Name and address or contact details of the person entering the appearance (r 8.06) Use the appropriate form (r 8.05) File or enter the appropriate form (r 8.05) Ordinary service of the appearance (r 6.07(1)) An address for service to be given (r 8.06) This becomes the address for service of pleadings and other documents in the action.
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Time limits – r 8.04 Originating process served in Vic – 10 days after service OP served interstate – 21 days OP served in NZ or PNG – 28 days Any other case – 42 days
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Late Appearance A defendant may enter a late appearance at any time before judgment (r 8.07) When does time begin to run? Time for entry of an appearance runs during court vacations Time available to deliver defence or for other purposes runs from last day for filing appearance as specified in the writ (r 8.07)
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D’s response to service 1. Do nothing Exposed to default judgment 1. Enter appearance Submits to jurisdiction Indicates action will be defended Gives address for service of all future docs 1.
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