New South Wales Consolidated Regulations

UNIFORM CIVIL PROCEDURE RULES 2005 - REG 6.20

6.20 Proceedings affecting persons having joint entitlement

(cf SCR Part 8, rules 3 and 4; DCR Part 7, rules 3 and 4; LCR Part 6, rules 3 and 4)

(1) Unless the court orders otherwise, all persons jointly entitled to the same relief must be joined as parties in any claim for that relief that is made by any one or more of them.

(2) Unless the court orders otherwise, any other such person is to be joined--

(a) as a plaintiff, if he or she consents to being a plaintiff, or

(b) as a defendant, if he or she does not consent to being a plaintiff.

(3) Despite subrule (1), a person may not be joined as a party to proceedings in contravention of any other Act or law.

Note--: See, for example, section 62 of the Bankruptcy Act 1966 of the Commonwealth.