Victorian Consolidated Regulations

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SUPREME COURT (GENERAL CIVIL PROCEDURE) RULES 2015 - REG 11.11

Default by third party

    (1)     Where at the time any judgment is entered or given for the plaintiff against the defendant by whom the third party was joined the third party has not filed an appearance or after appearance has not served a defence, and the time limited for filing an appearance or serving a defence has expired—

        (a)     the third party

              (i)     shall be taken to admit any claim stated in the third party notice; and

              (ii)     shall be bound by the judgment between the plaintiff and the defendant insofar as it is relevant to any claim or question stated in the notice;

        (b)     the defendant may at any time after satisfaction of that judgment or, with the leave of the Court, before satisfaction, enter judgment against the third party

              (i)     for any contribution or indemnity claimed in the notice; and

              (ii)     with the leave of the Court, for any other relief or remedy claimed therein.

    (2)     If a third party or the defendant by whom the third party was joined fails to serve any pleading within the time limited, the Court may give such judgment for the party not in default or make such order as it thinks fit.

    (3)     The Court may set aside or vary any judgment or order under paragraph (1)(b) or (2).



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