Australian Capital Territory Numbered Regulations

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COURT PROCEDURES RULES 2006 (NO 29 OF 2006) - REG 303

Third-party notice—content etc

(SCR o 20 r 1 (2); MC(CJ)R s 57 (2); Qld r 193)

    (1)     A third-party notice must state briefly and specifically the nature of the claim made and relief sought.

Note     If a form is approved under the Court Procedures Act 2004 , s 8 for this provision, the form must be used.

    (2)     A statement of claim must be attached to the third-party notice.

Note 1     See r 305 (Third-party notice—statement of claim for certain personal injuries claims).

Note 2     A statement of claim is a pleading (see dict, def pleading ) and therefore must comply with pt 2.6 (Pleadings).

Note 3     Attached to a document is defined in the dictionary.

    (3)     A third-party notice filed in the Magistrates Court, or the attached statement of claim, must show that the court has jurisdiction to decide the claim.

Note     The Magistrates Court Act 1930 , pt 4.2 (Civil jurisdiction) deals with the civil jurisdiction of the Magistrates Court under that Act.

    (4)     A third-party notice must state—

    (a)     whether the defendant is represented by a solicitor; and

    (b)     if the defendant is represented by a solicitor—the name of the solicitor; and

    (c)     the defendant's address for service; and

    (d)     if the defendant is suing in a representative capacity—the representative capacity in which the defendant is suing; and

    (e)     if a third party is being sued in a representative capacity—the representative capacity in which the third party is being sued.

Note     Address for service is defined in the dictionary.

    (5)     A third-party notice must state specifically any claim for—

    (a)     exemplary damages or aggravated damages; and

    (b)     interest up to the day of judgment.

    (6)     A third-party notice need not specifically claim costs unless the claim is for a debt or liquidated demand.

Note     Liquidated demand is defined in the dictionary.

    (7)     If the relief sought requires the court's decision or direction on any question, the third-party notice must state the question.



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