Victorian Consolidated Regulations

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MAGISTRATES' COURT GENERAL CIVIL PROCEDURE RULES 2020 - REG 11.15

Claim against another party

    (1)     If a party claims as against another party to the proceeding any relief of the kind described in Rule 11.01, the party may make the claim against the other party by filing and serving a notice in accordance with this Rule—

        (a)     within 30 days after the service on the party of the document in the proceeding by which the claim in respect of which the notice is served was made; or

        (b)     if when the document was served the other party was not a party, then within 30 days after the party became a party.

    (2)     Paragraph (1) does not apply if the claim could be made by counterclaim in the proceeding.

    (3)     No notice of defence to a notice under paragraph (1) is necessary if the party on whom it is served has given notice of defence in the proceeding or is a plaintiff, but otherwise this Order applies, with any necessary modification, as if—

        (a)     the defendant had filed and served a third party notice under Rule 11.01 ; and

        (b)     the party on whom the notice is served were a third party joined under that Rule.

    (4)     Except as provided by paragraph (5), a notice under paragraph (1) must, with any necessary modification—

        (a)     be in accordance with Form 11A; and

        (b)     be indorsed with a statement of claim.

    (5)     If a party claims against another party to the proceeding contribution pursuant to Part IV of the Wrongs Act 1958 , a notice under paragraph (1) must be in accordance with Form 11B.



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