Including parties—joint entitlement
213 Including parties—joint entitlement
If a plaintiff seeks relief to which someone else is entitled jointly with the plaintiff, everyone entitled to the relief must be parties to the proceeding.
A person entitled to seek relief who does not agree to be a plaintiff must be included as a defendant.
This rule does not require a person to be included if another law provides that the person need not be included or must not be included.
Example
The Bankruptcy Act 1966 (Cwlth), s 62 (Actions on joint contracts) provides that if a bankrupt is a contractor in relation to a contract jointly with someone else or other people, the person or people may sue or be sued in relation to the contract without joining the bankrupt.
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