Australian Capital Territory Current Regulations

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COURT PROCEDURES RULES 2006 - REG 211

Including parties—common issues of law or fact

    (1)     Two or more people may be included as plaintiffs or defendants in a proceeding

        (a)     if—

              (i)     separate proceedings by or against each of them may give rise to a common issue of law or fact; and

              (ii)     any of the rights to relief claimed in the proceeding (whether joint, several or alternative) are in relation to, or arise out of, the same transaction or event or series of transactions or events; or

        (b)     if the court orders that they be included.

    (2)     A person included as a plaintiff under subrule (1) must not start a proceeding against the defendant in relation to the same cause of action unless the court gives leave.

    (3)     If an application for an order under subrule (1) (b) or leave under subrule (2) is made during the proceeding, the application must be made in accordance with part 6.2 (Applications in proceedings).

    (4)     For the Supreme Court, if an application for an order under subrule (1) (b) or leave under subrule (2) is made before the proceeding starts, the application must be made by originating application.



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