(1) If a plaintiff seeks relief to which someone else is entitled jointly with the plaintiff, everyone entitled to the relief must be parties to the proceeding.
(2) A person entitled to seek relief who does not agree to be a plaintiff must be included as a defendant.
(3) This rule does not require a person to be included if another law provides that the person need not be included or must not be included.
Example
The
No 33 (Cwlth)">Bankruptcy Act 1966(Cwlth), s 62 (Actions on joint contracts) provides that if a bankrupt is a contractor in relation to a contract jointly with someone else or other people, the person or people may sue or be sued in relation to the contract without joining the bankrupt.