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SUPREME COURT (GENERAL CIVIL PROCEDURE) RULES 2015 (SR NO 103 OF 2015) - REG 7.07

Service of counterclaim or third party notice

    (1)     This Rule applies to—

        (a)     a counterclaim against the plaintiff and another person joined as defendant under Rule 10.03 where the person joined is not already a party to the proceeding; and

        (b)     a third party notice filed in accordance with Order 11.

    (2)     A counterclaim or third party notice may be served out of Australia without leave where the claim made by the defendant in the counterclaim or third party notice is of such a kind that, if the claim were made by writ or other originating process, the originating process could be served out of Australia without order of the Court under Rule 7.01.

    (3)     Where paragraph (2) does not apply, the Court may, by order, allow service out of Australia of a counterclaim or third party notice.



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