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r 11.13

Third party directions

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Part 2* * *

11.13 Third party directions

(1)

If the third party gives notice of defence, the Court may make any order or give any direction as follows—

(a)

if the liability of the third party to the defendant by whom the third party was joined as third party is established, make a final order for that defendant against the third party;

(b)

order that any claim or question stated in the third party notice be heard in such manner as it directs;

(c)

give the third party leave—

(i)

to defend the proceeding, either alone or jointly with any defendant; or

(ii)

to attend and take part at the hearing;

(d)

generally make such orders and give such directions—

(i)

as are necessary to ensure that all questions in the proceeding are effectually and completely determined and adjudicated upon; and

(ii)

as to the extent to which the third party is to be bound by any order or decision in the proceeding.

(2)

The Court may make any order or give any direction under paragraph (1) either before or after any final order in the proceeding has been made for the plaintiff against the defendant, and may at any time vary or rescind any such order or direction.

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Section 11.13 — Third party directions — Magistrates' Court General Civil Procedure Rules 2020 (Victoria) — Barrister AI