Court Procedures Rules 2006

Unless the court gives leave, a notice claiming contribution or indemnity—

must not be filed by a party until the party 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 party who is filing the notice claiming contribution or indemnity (the prescribed period);

if the plaintiff and the defendant, if the defendant is not the party filing the notice, agree 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.

An application for leave under subrule (1) to file a notice claiming contribution or indemnity must be served on—

the party against whom the claim is made; and

each other active party.

If the court gives leave under subrule (1) to the party to file a notice claiming contribution or indemnity, it may give directions about filing and serving the notice.

A party who files a notice claiming contribution or indemnity must serve stamped copies of the notice on the party against whom the claim is made and each other active party.

A party served with a notice claiming contribution or indemnity need not file a notice of intention to respond or defence to the notice if the party has filed a notice of intention to respond or defence in the proceeding.