Victorian Consolidated Regulations

SUPREME COURT (GENERAL CIVIL PROCEDURE) RULES 2015 - REG 26.07.2

    (1)     Rule 26.07.1 does not apply if—

        (a)     two or more defendants are alleged to be jointly, or jointly and severally, liable to the plaintiff for a debt or damages; and

        (b)     rights of contribution or indemnity appear to exist between the defendants.

    (2)     Notwithstanding paragraph (1), Rule 26.07.1 applies if—

        (a)     in the case of an offer made by the plaintiff, the offer—

              (i)     is made to all defendants; and

              (ii)     is an offer to compromise the claim against all of them; or

        (b)     in the case of an offer made to the plaintiff—

              (i)     the offer is to compromise the claim against all defendants; and

              (ii)     if the offer is made by two or more defendants, those defendants offer to be jointly, or jointly and severally, liable to the plaintiff for the whole amount of the offer.