A third party in a building action is not a 'defendant' for the purposes of s 131(1) of the Building Act 1993 (Vic), and the proportionate liability regime does not operate where there is only one defendant. However, a defendant may apply under Rule 9.06(b)(ii) to add a third party as a defendant, and the legislative policy of proportionate liability is a significant factor favouring joinder. A plaintiff's opposition to joinder should not be given determinative weight where the purpose of the application is to engage the proportionate liability provisions.
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