Australian Capital Territory Current Regulations

COURT PROCEDURES RULES 2006 - REG 319

    (1)     A party to a proceeding, other than a plaintiff, may file a notice claiming a contribution or indemnity (a notice claiming contribution or indemnity ) if the party wants to—

        (a)     claim against another party to the proceeding a contribution or indemnity; or

        (b)     claim against another party to the proceeding relief—

              (i)     relating to or connected with the original subject matter of the proceeding; and

              (ii)     substantially the same as some relief claimed by the plaintiff; or

        (c)     require an issue relating to or connected with the original subject matter of the proceeding to be decided not only as between the plaintiff and defendant but also between either of them and another party to the proceeding.

    (2)     A notice claiming contribution or indemnity must state briefly and specifically the nature of the claim made and relief sought.

Note     See approved form 2.13 (Notice claiming contribution or indemnity) AF2009-283

    (3)     A notice claiming contribution or indemnity filed in the Magistrates Court must show that the court has jurisdiction to decide the claim.

Note     The

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

    (4)     A notice claiming contribution or indemnity must state specifically any claim for interest up to the day of judgment.

    (5)     A notice claiming contribution or indemnity need not specifically claim costs.

    (6)     Rule 316 (Third-party notice—hearing), rule 317 (Third party—extent bound by judgment between plaintiff and defendant) and rule 318 (Third-party notice—judgment between defendant and third party) apply, with necessary changes, to a notice claiming contribution or indemnity as if—

        (a)     the notice were a third-party notice; and

        (b)     the party who filed the notice were the defendant; and

        (c)     the party against whom the claim in the notice is made were a third party.