Australian Capital Territory Current Regulations

COURT PROCEDURES RULES 2006 - REG 303

    (1)     A third-party notice must state briefly and specifically the nature of the claim made and relief sought.

Note     See approved form 2.12 (Third-party notice) AF2006-257

    (2)     A statement of claim must be filed with the third-party notice.

Note 1     See

              •     approved form 2.2 (Statement of claim—debt or liquidated demand) AF2007-60

              •     approved form 2.3 (Statement of claim—motor vehicle death or personal injury) AF2014-160

              •     approved form 2.4 (Statement of claim—employment death or personal injury) AF2014-26

              •     approved form 2.6 (Statement of claim—general) AF2006-447

Note 2     See r 305 (Third-party notice—statement of claim for certain personal injuries claims).

Note 3     A statement of claim is a pleading (see dict, def pleading ) and therefore must comply with pt 2.6 (Pleadings).

    (3)     A third-party notice filed in the Magistrates Court, or the accompanying statement of claim, must show that the court has jurisdiction to decide the claim.

Note     The title="A1930-21">Magistrates Court Act 1930

, pt 4.2 (Civil jurisdiction) deals with the civil jurisdiction of the Magistrates Court under that Act.

    (4)     A third-party notice must state—

        (a)     whether the defendant is represented by a solicitor; and

        (b)     if the defendant is represented by a solicitor—the name of the solicitor; and

        (c)     the defendant's address for service; and

        (d)     if the defendant is suing in a representative capacity—the representative capacity in which the defendant is suing; and

        (e)     if a third party is being sued in a representative capacity—the representative capacity in which the third party is being sued.

Note     Address for service is defined in the dictionary.

    (5)     A third-party notice must state specifically any claim for—

        (a)     exemplary damages or aggravated damages; and

        (b)     interest up to the day of judgment.

    (6)     A third-party notice need not specifically claim costs unless the claim is for a debt or liquidated demand.

Note     Liquidated demand is defined in the dictionary.

    (7)     If the relief sought requires the court's decision or direction on any question, the third-party notice must state the question.