SCR o 11 - Third Party Procedure

Question 1

11.01 Claim by third party notice

Answer 1

Where a DEFENDANT claims as against a person not already a party (in this Order called the third party)—

• any CONTRIBUTION OR INDEMNITY; OR
• any RELIEF/REMEDY substantially SAME as some relief/remedy claimed by the plaintiff; OR
• that any question relating to or connected with the original subject matter of the proceeding should be determined not only as between the plaintiff and the defendant but also between the third party—

the defendant may JOIN THE THIRD PARTY by filing and serving a THIRD PARTY NOTICE.

Question 2

11.02 Statement of claim on third party notice (TPN)

Answer 2

A third party notice shall be—

• in Form 11A; and
• indorsed with a statement of claim.

Question 3

11.05 Time for third party notice

Answer 3

A defendant may NOT file a third party notice until they have FIRST served their own DEFENCE.

They then need to file the TPN:

• within 30 days after the time limited for the service of a defence; or
• at any time with leave of the Court, or the consent in writing of the plaintiff and any other party who has appeared.

A TPN must be served on the third party within 60 days after it is filed (or otherwise with leave of Court).

Question 4

11.09 Defence of third party

Answer 4

A third party who files an appearance shall serve a DEFENCE to the statement of claim indorsed on the TPN (i.e. by the defendant in the principal proceeding) within 30 days after filing the appearance.

The third party may also serve a defence to the statement of claim of the PLAINTIFF by which the third party disputes the liability to the plaintiff of the defendant, on any ground not raised by that defendant in their own defence.

Question 5

11.11 Default by third party

Answer 5

If the third party doesn’t file an appearance, or files an appearance but not a defence, within the time limited, then the third party:

• will be taken to admit any claim in the third party notice
• will be bound by the judgment as between the P and D so far as relevant to the third party notice; and
• the D may enter judgment against the third party for contribution or indemnity as per notice, or any other relief (with leave of Court).