Australian Capital Territory Current Regulations

COURT PROCEDURES RULES 2006 - REG 219

    (1)     This rule applies if—

        (a)     a person has been incorrectly or unnecessarily included as a co-plaintiff in a proceeding; and

        (b)     the defendant has set up a counterclaim or set–off.

    (2)     The defendant may get the benefit of the counterclaim or set-off by proving the claim or set-off against the parties other than the co-plaintiff.

    (3)     The defendant's entitlement under subrule (2) is not affected by—

        (a)     the inclusion of the co-plaintiff; or

        (b)     any proceeding resulting from the inclusion.