UNIFORM CIVIL PROCEDURE RULES 1999 - REG 194 Filing third party notice

UNIFORM CIVIL PROCEDURE RULES 1999 - REG 194

194 Filing third party notice

(1) Unless the court gives leave—

(a) a third party notice may not be filed by a defendant until the defendant has filed a defence; and

(b) a third party notice must be filed within 28 days after the end of whichever of the following periods ends last—

(i) the time limited for the filing of the defence of the defendant who makes the third party claim (the
"prescribed period" );

(ii) if the plaintiff agrees to an extension of the prescribed period—the period agreed to.

(2) An application for leave to file a third party notice must be served on the plaintiff.

(3) However, the court may order the application to be served on another party who has filed a notice of intention to defend.

(4) If the court gives leave to the defendant to file a third party notice, it may give directions about filing and serving the notice.