Victorian Consolidated Regulations

SUPREME COURT (GENERAL CIVIL PROCEDURE) RULES 2005 - SECT 9.03.

Joinder of necessary parties

9.03. Joinder of necessary parties



(1) Except by order of the Court or as provided by or under any Act, where the
plaintiff claims any relief to which any other person is entitled jointly with
the plaintiff-

   (a)  all persons so entitled shall be parties to the proceeding; and

   (b)  any person who does not consent to being joined as a plaintiff shall
        be made a defendant.

(2) Where the plaintiff claims relief against a defendant who is liable
jointly with some other person and also liable severally, that other person
need not be made a defendant to the proceeding.

(3) Where persons are liable jointly, but not severally, under a contract, and
the plaintiff in respect of that contract claims against some but not all of
those persons, the Court may stay the proceeding until the other persons so
liable are added as defendants.

(4) The Court may make an order under paragraph (1) before or after the
non-joinder.