Australian Capital Territory Current Acts

CIVIL LAW (WRONGS) ACT 2002 - SECT 57

    (1)     A respondent who receives a complying notice of claim may add someone else as a contributor for this chapter by giving the person a written notice (a "contribution notice")—

        (a)     claiming an indemnity from, or contribution towards, the respondent's liability; and

        (b)     stating the grounds on which the respondent holds the person liable; and

        (c)     stating any other information prescribed by regulation; and

        (d)     accompanied by copies of documents about the claim given to or received from any other party under this chapter.

    (2)     However, the respondent may add someone else as a contributor only—

        (a)     within the period (if any) prescribed by regulation; or

        (b)     if the contributor and all parties to the claim agree; or

        (c)     if the court gives leave.

    (3)     Also, if the claim is a motor accident claim and the respondent proposes to add the nominal defendant as a contributor because the motor accident involved an unidentified motor vehicle, the respondent may add the nominal defendant only if the respondent has made reasonable inquiry and search for the identity of the motor vehicle.

    (4)     The inquiry or search may be proved orally or by affidavit of the person who made the inquiry or search.

    (5)     If the respondent adds someone else as a contributor under this section, the respondent must give a copy of the contribution notice to each other party within the period prescribed by regulation.