Defence of third party
11.09 Defence of third party
A third party must give notice of defence to the statement of claim indorsed on the third party notice within—
where the third party notice is served in Victoria, not less than 21 days after service;
where the third party notice is served out of Victoria and in another part of Australia, not less than 21 days after service;
where the third party notice is served in Papua New Guinea, not less than 28 days after service;
where the third party notice is served in New Zealand under Part 2 of the Trans‑Tasman Proceedings Act 2010 of the Commonwealth, 30 working days (within the meaning of that Act) after service or, if a shorter or longer period has been fixed by the Court under section 13(1)(b) of that Act, the period so fixed;
Note
For the purposes of the definition of working day in the Trans-Tasman Proceedings Act 2010 of the Commonwealth, a working day is a day on which documents may be filed in the registry of a venue of the Court prescribed for the purposes of a proceeding to which that Act applies—see Rule 4.04(1B) of these Rules and Rule 11.01(2) of the Magistrates' Court (Miscellaneous Civil Proceedings) Rules 2020.
in any other case, not less than 42 days after service.
The third party may give notice of defence to the statement of claim of the plaintiff by which the third party disputes the liability to the plaintiff of the defendant by whom the third party was joined on any ground not raised by that defendant in the defendant's defence.
If a third party gives notice of defence, the defendant by whom the third party was joined must serve on the third party—
a copy of any pleading that may from time to time thereafter be served between the plaintiff and that defendant; and
a copy of any document the defendant has received from the Court and may thereafter be received from the Court from time to time.
Note
The provisions applying to pleadings under Order 13 also apply to claims by third party notice by reason of the operation of Rule 13.09.
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