Australian Capital Territory Current Regulations

COURT PROCEDURES RULES 2006 - REG 306

    (1)     Unless the court gives leave, a third-party notice—

        (a)     must not be filed by a defendant until the defendant has filed a defence; and

        (b)     must be filed not later than 28 days after the end of whichever of the following periods ends last:

              (i)     the time limited for filing the defence of the defendant who is filing the third-party notice (the prescribed period );

              (ii)     if the plaintiff agrees to an extension of the prescribed period—the agreed period.

Note 1     Pt 6.2 (Applications in proceedings) applies to an application for leave or directions under this rule.

Note 2     Rule 6351 (Time—extending and shortening by court order) provides for the extending of time by the court.

    (2)     The defendant must serve a stamped copy of an application for leave under subrule (1) to file a third-party notice on—

        (a)     the plaintiff; and

        (b)     each other active party who has filed a notice of intention to respond or defence.

Note     Active party is defined in the dictionary.

    (3)     If the court gives leave under subrule (1) to the defendant to file a third-party notice, it may give directions about filing and serving the notice.