Australian Capital Territory Current Regulations

COURT PROCEDURES RULES 2006 - REG 320

    (1)     Unless the court gives leave, a notice claiming contribution or indemnity—

        (a)     must not be filed by a party until the party 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 party who is filing the notice claiming contribution or indemnity (the prescribed period );

              (ii)     if the plaintiff and the defendant, if the defendant is not the party filing the notice, agree 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)     An application for leave under subrule (1) to file a notice claiming contribution or indemnity must be served on—

        (a)     the party against whom the claim is made; and

        (b)     each other active party.

    (3)     If the court gives leave under subrule (1) to the party to file a notice claiming contribution or indemnity, it may give directions about filing and serving the notice.

    (4)     A party who files a notice claiming contribution or indemnity must serve stamped copies of the notice on the party against whom the claim is made and each other active party.

    (5)     A party served with a notice claiming contribution or indemnity need not file a notice of intention to respond or defence to the notice if the party has filed a notice of intention to respond or defence in the proceeding.