Court Procedures Rules 2006

Unless the court gives leave, a third-party notice—

must not be filed by a defendant until the defendant has filed a defence; and

must be filed not later than 28 days after the end of whichever of the following periods ends last:

the time limited for filing the defence of the defendant who is filing the third-party notice (the prescribed period);

if the plaintiff agrees to an extension of the prescribed period—the agreed period.

Pt 6.2 (Applications in proceedings) applies to an application for leave or directions under this rule.

Rule 6351 (Time—extending and shortening by court order) provides for the extending of time by the court.

The defendant must serve a stamped copy of an application for leave under subrule (1) to file a third-party notice on—

the plaintiff; and

each other active party who has filed a notice of intention to respond or defence.

Active party is defined in the dictionary.

If the court gives leave under subrule (1) to the defendant to file a third-party notice, it may give directions about filing and serving the notice.