Victorian Consolidated Regulations Victorian Consolidated Regulations(1) A third party notice must be served on the third party within 30 days after it is filed.
(2) Despite paragraph (1), the Court may fix another period for the service of a third party notice either—
(a) before the notice is filed; or
(b) at the time it grants leave under Rule 11.05(2) to file the notice.
(3) If a third party notice has not been served on the third party, the Court from time to time by order may extend the period for service of the notice for such further period it thinks fit.
(4) An order may be made under paragraph (3) before or after expiry of the period for service.
(5) At the time of service of a third party notice on a third party there must also be served a copy of—
(a) any order or consent under Rule 11.05(2); and
(b) any order under paragraph (2) made before the third party notice was filed fixing a period for service of the notice; and
(c) any order under paragraph (3); and
(d) the complaint; and
(e) any pleadings or affidavits filed and served in the proceeding; and
(f) any notice from the court; and
(g) 2 notices of defence in Form 8A, with any necessary modification.
(6) Within the period for service of the third party notice on the third party a copy of the notice must be served on the plaintiff and on any other party who has given notice of defence.
(7) If a copy of the third party notice is not served in accordance with paragraph (6), the Court may, on application by the plaintiff or the third party, order that the questions between the plaintiff and the defendant be determined before and separately from the questions between the defendant and the third party.
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