New South Wales Consolidated Regulations

UNIFORM CIVIL PROCEDURE RULES 2005 - REG 9.10

9.10 Cross-claim may be separately prosecuted

(cf SCR Part 6, rule 8; DCR Part 20, rule 8; LCR Part 18, rule 3(5))

(1) A cross-claim may proceed even if--

(a) judgment has been entered on the originating process in the proceedings from which the cross-claim arises or any other cross-claim in the proceedings, or

(b) the proceedings on the originating process or any other cross-claim have been stayed, dismissed, withdrawn or discontinued.

(2) Proceedings on the originating process in the proceedings from which the cross-claim arises may proceed even if--

(a) judgment has been entered on any cross-claim in the proceedings, or

(b) the proceedings on any such cross-claim have been stayed, dismissed, withdrawn or discontinued.