Court Procedures Rules 2006

A third party may appear at, and take part in, the hearing of the proceeding as the court directs.

Pt 6.2 (Applications in proceedings) applies to an application for a direction or order under this rule.

At the hearing, the issues between the defendant who included the third party and the third party must be heard with the issues between the plaintiff and the defendant.

However, the court may, at any time, order that the issues between the defendant who included the third party and the third party be heard separately from the issues between the plaintiff and the defendant if it considers that hearing them together would—

unfairly prejudice a party; or

embarrass or delay the hearing of the proceeding; or

be otherwise inconvenient.

The court may order the separate hearing—

on application by a party before the party files and serves a third-party notice; or

on its own initiative.

The court may give the orders it considers appropriate about the conduct of the separate hearing.