Victorian Consolidated Regulations

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SUPREME COURT (GENERAL CIVIL PROCEDURE) RULES 2015 - REG 9.03

Joinder of necessary parties

    (1)     Except by order of the Court or as provided by or under any Act, where the plaintiff claims any relief to which any other person is entitled jointly with the plaintiff

        (a)     all persons so entitled shall be parties to the proceeding; and

        (b)     any person who does not consent to being joined as a plaintiff shall be made a defendant.

    (2)     Where the plaintiff claims relief against a defendant who is liable jointly with some other person and also liable severally, that other person need not be made a defendant to the proceeding.

    (3)     Where persons are liable jointly, but not severally, under a contract, and the plaintiff in respect of that contract claims against some but not all of those persons, the Court may stay the proceeding until the other persons so liable are added as defendants.

    (4)     The Court may make an order under paragraph (1) before or after the non-joinder.



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