Australian Capital Territory Current Regulations

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COURT PROCEDURES RULES 2006 - REG 314

Third-party notice—default by third party

    (1)     This rule applies if—

        (a)     a default judgment is entered for the plaintiff against the defendant who included a third party; and

        (b)     the third party is in default in relation to the third-party notice.

Note     Div 2.11.3 (Default by defendant) applies to a third-party notice (see r 1116 (Application—div 2.11.3) and r 1117 (When is a defendant in default —generally).

    (2)     The third party

        (a)     is taken to admit a claim stated in the third-party notice or its statement of claim; and

        (b)     is bound by the default judgment between the plaintiff and defendant as far as it is relevant to a claim or issue stated in the third-party notice or statement of claim.

    (3)     The defendant

        (a)     at any time after satisfaction of the default judgment, or, with the court's leave, before satisfaction, may obtain a judgment against the third party for a contribution or indemnity claimed in the notice; and

        (b)     with the court's leave, may obtain a judgment against the third party for other relief or remedy claimed in the notice.

Note     Pt 6.2 (Applications in proceedings) applies to an application for leave or an order (including an order setting aside, amending or a judgment) under this rule.

    (4)     The court may amend or set aside the judgment against the third party.



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