Commonwealth Numbered Regulations

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FEDERAL MAGISTRATES COURT RULES 2001 2001 No. 195- RULE 28.03

Cross-claim against additional party

(1) A respondent may make a cross-claim against a person other than the applicant (whether or not already a party to the proceeding) if:

(a)
the applicant is also made a party to the cross-claim; and

(b) either:

(i)
the respondent alleges that the other person is liable with the applicant for the subject matter of the cross-claim; or
(ii)
the respondent claims against the other person relief relating to or connected with the subject matter of the original proceeding.
(2)
If a respondent makes a cross-claim against a person who is not a party to the original proceeding, the respondent must serve the response and cross-claim and the applicant's application on the person.

(3)
A person who is not a party to the original proceeding and is included as a respondent to a cross-claim becomes a party to the proceeding on being served with the response and cross-claim.

(4) If a respondent makes a cross-claim against a person who is not a party to the original proceeding, these Rules apply as if:

(a)
the cross-claim were an application; and

(b)
the party making the cross-claim were an applicant; and

(c)
the party against whom the cross-claim is made were a respondent.



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