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04 filing of a third party notice results in the

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Rule 11.04: Filing of a third party notice results in the third party becoming a party to the proceeding. Notice to be filed & served in the same manner as originating process. Rule 11.05(1): Cannot file TP notice until D has served a defence. Rule 11.05(2): TP notice may be filed: within 30 days after time for the service of a defence, or at any time with the Court’s leave or written consent of P & any other party who has entered an appearance.
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Third Party Procedure Third Party Procedure Third party must then file and serve a defence, and may file and serve a counterclaim against either the defendant that joined it, or the original plaintiff.
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Fourth Party The third party can, with leave , join a fourth party, and so forth (R 11.16)…
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Claim against another party R 11.15(1) Where a party claims against another party in the proceeding relief of the kind described in R 11.01, can file a Form 11A notice.
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Exercise Q 7 Semester 1, 2009 exam
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Addition, Removal & Addition, Removal & Substitution Substitution The Courts have taken liberal approach where a plaintiff seeks to add a party to the proceedings (eg Birtles v The Commonwealth ) Rationale: plaintiff should be entitled to add parties subject to being penalised by way of order for costs should the plaintiff’s claim against the added party fail Contra: courts reluctant to permit a defendant to add another defendant or to grant an application by a non party to be added as a defendant
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Addition, Removal & Substitution Addition, Removal & Substitution Rule 9.06: Court may order that – (a) Person not a proper or necessary party cease to be a party (b) Any of following be added as a party – (i) Person who should have been joined or whose presence is necessary to ensure all qns… are effectually & completely determined & adjudicated upon, or (ii) Person between whom & any party there may be a qn arising out of, related to or connected with any claim in the proceeding which is it is just & convenient to determine. (c) A person under para (b) be substituted for one under para (a).
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Addition, Removal & Substitution Addition, Removal & Substitution What is the test? That it would be just and convenient to do it! Relevant issues are prejudice to defendants, costs and time as discussed earlier.
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Bringing proceedings together If separate proceedings commence, but deal with common subject matter (eg, could have been joined at outset but for some reason were not). Process of bringing them together into one proceeding is called consolidation
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Consolidation: r 9.12(1) Consolidation: r 9.12(1) Where 2 or more proceedings pending in the Court & -- (a) some common qn of law or fact arises in both/all of them; (b) the rights to relief claimed in the proceedings are in respect of or arise out of the same trans / series of trans; or (c) if it is desirable in the circumstances – the Court may order the proceedings to be consolidated, or to be tried at the same time or one immediately after the other, or may order any of them to be stayed until after the determination of any other of them.
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Amicus Curiae & Intervener
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