The application will be heard before the judge in the

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The application will be heard before the Judge in the Practice Court [or the Associate Judge in Court No. , Supreme Court, 436 Lonsdale Street, Melbourne], Supreme Court, William Street, Melbourne, on [e.g. 20 January 2010 ] at a.m. [or p.m.] or so soon afterwards as the business of the Court allows. FILED [e.g. 5 December 2009]. This summons was filed by …of …, solicitor for the [identify party].
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R 8.09 Setting aside writ or originating motion the Court may exercise its jurisdiction to-- (a) set aside a writ or originating motion or its service; (b) make an order under Rule 46.08 (ie setting aside/varying an order which affects a person where the person did not receive notice of the order or did not attend the hearing of the application for the order); (c) stay a proceeding-- on application made by the defendant before filing an appearance, whether conditional or not.
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Disputing service outside Australia r 7.05 Defendant can apply to: Set aside service of the writ Stay the proceeding On the ground: Service not authorised by the Rules, or Vic not the appropriate forum
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Service & Execution of Process Act 1992 S 20 (1) This section does not apply in relation to a proceeding in which the Supreme Court of a State is the court of issue. (2) The person served may apply to the court of issue for an order staying the proceeding. (3) The court may order that the proceeding be stayed if it is satisfied that a court of another State that has jurisdiction to determine all the matters in issue between the parties is the appropriate court to determine those matters. (4) The matters that the court is to take into account in determining whether that court of another State is the appropriate court for the proceeding include: (a) the places of residence of the parties and of the witnesses likely to be called in the proceeding; and (b) the place where the subject matter of the proceeding is situated; and (c) the financial circumstances of the parties, so far as the court is aware of them; and (d) any agreement between the parties about the court or place in which the proceeding should be instituted; and (e) the law that would be most appropriate to apply in the proceeding ; and (f) whether a related or similar proceeding has been commenced against the person served or another person; but do not include the fact that the proceeding was commenced in the place of issue.
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