Australian Capital Territory Current Regulations

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COURT PROCEDURES RULES 2006 - REG 20

Meaning of plaintiff and defendant

    (1)     For a proceeding (other than an application in the proceeding or a proceeding on a counterclaim or third-party notice)—

        (a)     a reference in these rules to the plaintiff is a reference to the party claiming relief; and

        (b)     a reference in these rules to the defendant is a reference to the party against whom relief is sought or who otherwise responds to the originating process.

Note 1     Third-party notice includes a fourth-party notice, a fifth-party notice etc (see r 322 (2) (c)).

Note 2     Rule 6007 (Application in proceeding—contents) requires an application in a proceeding to identify the person making the application and each person against whom relief is sought.

    (2)     For a proceeding on a counterclaim or third-party notice (the "process")—

        (a)     a reference in these rules to the" plaintiff" includes a reference to the party who files and serves the process; and

        (b)     a reference in these rules to the" defendant" includes a reference to the person on whom the process is served.



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