Victorian Consolidated Regulations Victorian Consolidated Regulations(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.
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