Queensland Consolidated Regulations

UNIFORM CIVIL PROCEDURE RULES 1999 - REG 201

201 Default

(1) This rule applies if—

(a) a default judgment is given for the plaintiff against the defendant by whom a third party was included; and

(b) the third party has not filed a notice of intention to defend or a defence.

(2) When the time for filing a notice of intention to defend or a defence ends—

(a) the third party—

(i) is taken to admit a claim stated in the third party notice or statement of claim; and

(ii) is bound by the default judgment between the plaintiff and the defendant so far as it is relevant to a claim, question or issue stated in the notice or statement of claim; and

(b) the defendant—

(i) at any time after satisfaction of the default judgment, or, with the court’s leave, before satisfaction, may obtain a judgment against the third party for a contribution or indemnity claimed in the notice or statement of claim; and

(ii) with the court’s leave, may obtain a judgment against the third party for other relief or remedy claimed in the notice or statement of claim.

(3) The court may set aside or vary the judgment against the third party.

(4) Chapter 9 , part 1 , division 2 , applies for a third party procedure as if the third party notice were a claim, the defendant making the claim were a plaintiff and the third party were a defendant.