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r 13.03

Claim by defendant against another defendant

In force
Chapter 1General Rules
Part 13Third party procedure

13.03 Claim by defendant against another defendant

(1)

A defendant who has a claim against another defendant of a kind referred to in rule 13.01 may make the claim by filing and serving a notice, containing a statement of claim, in accordance with Form 13B.

(2)

A defendant who claims against another defendant contribution under section 12 of the Law Reform (Miscellaneous Provisions)

Act 1956 must file and serve a notice in accordance with

Form 13C.

(3)

A notice referred to in subrule (1) or (2) is to be served personally on the other defendant not later than 28 days after the day on which the claiming defendant is served under Part 8 with a copy of the other defendant's notice of defence, unless the Court orders otherwise.

(4)

A notice filed under this rule need not have a copy of all pleadings attached.

(5)

This Part applies with the necessary changes to a claim made under this rule as if the defendant had filed and served a third party notice and the defendant joined is a third party under rule

13.01.

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