Australian Capital Territory Current Regulations

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COURT PROCEDURES RULES 2006 - REG 308

Third-party notice—service

    (1)     A defendant to a proceeding who files a third-party notice must serve a sealed copy of the notice and accompanying statement of claim on the third party as if—

        (a)     the notice were an originating claim in a proceeding; and

        (b)     the defendant were a plaintiff and the third party were a defendant in the proceeding.

Note     Rule 54 (Originating claim—filing and service) deals with service of an originating claim.

    (2)     The defendant must serve the following documents with the third-party notice:

        (a)     a sealed copy of any order giving leave to file the notice;

        (b)     a sealed copy of any directions about filing and serving the notice;

        (c)     a copy of a sealed copy of any other relevant order made in relation to the proceeding;

        (d)     a copy of a sealed copy of the originating claim and accompanying statement of claim;

        (e)     a copy of a stamped copy of all other pleadings filed in the proceeding;

        (f)     a copy of a stamped copy of all applications in the proceeding not finally disposed of;

Note     Application in a proceeding is defined in r 6006.

        (g)     a copy of all affidavits filed in the proceeding, other than affidavits that are not relevant to the issues arising on the third-party notice;

        (h)     a copy of all other documents that have been served by the plaintiff on the defendant, or by the defendant on the plaintiff, and are intended to be relied on;

              (i)     a copy of all amendments of any document mentioned in paragraphs (d) to (h) or details of the amendments.



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