New South Wales Consolidated Acts

CIVIL PROCEDURE ACT 2005 - SECT 22

22 Defendant's right to cross-claim

(cf Act No 52 1970, section 78; Act No 11 1970, section 15; DCR Part 20, rule 1)

(1) Subject to subsection (2), the court may grant to the defendant in any proceedings (
"the first proceedings" ) such relief against any person (whether or not a plaintiff in the proceedings) as the court might grant against that person in separate proceedings commenced by the defendant for that purpose.

(2) Relief may not be granted under this section against a person who is not a plaintiff in the first proceedings unless the relief relates to, or is connected with, the subject of the first proceedings.

(3) A person against whom a defendant makes a claim for relief under this section--

(a) has the same rights in respect of his or her defence against the claim as he or she would have in separate proceedings commenced against the person by the defendant, and

(b) if not already a party to the first proceedings--

(i) becomes a party to the first proceedings, and

(ii) unless the court otherwise orders, is bound by any judgment (including a judgment by consent or by default) or decision (including a decision by consent) on any claim for relief in the proceedings (including a claim for relief in any cross-claim in the proceedings).