{"id":"nsw:sl-1977-0001","name":"Law Reform (Miscellaneous Provisions) Civil Claims Third Party Procedure Rule 1977","slug":"law-reform-miscellaneous-provisions-civil-claims-third-party-procedure-rule-1977","collection":"regulation","jurisdiction":"nsw","status":"in_force","isInForce":true,"actNumber":"1 of 1977","makingDate":null,"administeringDepartment":null,"currentVersion":{"id":180948,"registerId":"nsw-nsw:sl-1977-0001-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Name of Rule","content":"#### 1 Name of Rule\n\n1 Name of Rule\n\n> This Rule may be cited as the [Law Reform (Miscellaneous Provisions) Civil Claims Third Party Procedure Rule 1977](/view/html/inforce/current/sl-1977-0001).","sortOrder":0},{"sectionNumber":"2","sectionType":"section","heading":"Commencement","content":"#### 2 Commencement\n\n2 Commencement\n\n> This Rule shall take effect on and from the day on which the several items of Schedule 1, except item (35), of the [Courts of Petty Sessions (Civil Claims) Amendment Act 1975](/view/pdf/asmade/act-1975-106), commence.\n> \n> Editorial note—\n> \n> Date of commencement, 4.4.1977—see Gazette of 11.3.1977, p 942.","sortOrder":1},{"sectionNumber":"3","sectionType":"section","heading":"Definition","content":"#### 3 Definition\n\n3 Definition\n\n> A reference in this Rule to a third party includes a reference to a person joined as a fourth or subsequent party.","sortOrder":2},{"sectionNumber":"4","sectionType":"section","heading":"Application and construction of certain references","content":"#### 4 Application and construction of certain references\n\n4 Application and construction of certain references\n\n> The provisions of the [Courts of Petty Sessions (Civil Claims) Act 1970](/view/html/repealed/current/act-1970-011) (sections 22, 23, 23A and 24 excepted) and the provisions of the Courts of Petty Sessions (Civil Claims) Rules apply to and in respect of the joinder of a third party in an action commenced in a court of petty sessions, and for the purposes of the application of those provisions, a reference therein to:\n> \n> > (a) a plaintiff shall, where appropriate, be construed as a reference to a defendant who has filed a third party notice,\n> \n> > (b) a defendant shall, where appropriate be construed as a reference to a third party, and\n> \n> > (c) a plaint or a plaint and summons commencing an action, shall be construed as a reference to a third party notice.","sortOrder":3},{"sectionNumber":"5","sectionType":"section","heading":"Third party notice","content":"#### 5 Third party notice\n\n5 Third party notice\n\n> > (1) Where a defendant in any action claims as against any person (in this Rule called the third party) that the defendant is entitled to contribution towards or indemnity for the amount of any judgment recovered against him by the plaintiff in the action the defendant may file with the registrar a notice in or to the effect of the form headed “Third Party Notice”, Form No 1 in the First Schedule:\n> > \n> > > (a) in the case of an action commenced by the filing of a default summons—not later than the filing of the notice of defence in the action, or, where no notice of defence is filed, within 14 days after service of the summons on him,\n> > \n> > > (b) in the case of an action commenced by the filing of a special summons—not later than the filing of the notice of defence in the action, or, where no notice of defence is filed, within 28 days after service of the summons on him, or\n> > \n> > > (c) in the case of an action commenced by the filing of an ordinary summons where:\n> > > \n> > > > (i) the action is not set down for hearing in accordance with Rule 20 (4) of the Courts of Petty Sessions (Civil Claims) Rules—any time not later than three days before the day set down for hearing of the action,\n> > > \n> > > > (ii) the action is set down for hearing in accordance with Rule 20 (4) (a) of the Courts of Petty Sessions (Civil Claims) Rules—any time before the hearing of the action commences, or\n> > > \n> > > > (iii) the action is set down for hearing in accordance with Rule 20 (4) (b) of the Courts of Petty Sessions (Civil Claims) Rules—any time before the application referred to in Rule 20 (4) (b) of the Courts of Petty Sessions (Civil Claims) Rules is made.\n> \n> > (2) A third party notice shall contain such particulars of the defendant’s claim against the third party as would be required to be provided if the claim was separately sued by the issue of a plaint and summons.\n> \n> > (3) Where a third party notice is filed in accordance with clause (1), the registrar shall:\n> > \n> > > (a) sign the copies,\n> > \n> > > (b) except in the case of an action which has been set down for hearing in accordance with Rule 20 (4) (a) or (b) of the Courts of Petty Sessions (Civil Claims) Rules—serve one of the copies on the plaintiff or, where there is more than one plaintiff, on each plaintiff, and\n> > \n> > > (c) return the other copies to the defendant unless the defendant has requested that the bailiff effect service of the notice on the third party.\n> \n> > (4) Where an action in which a third party notice is filed has been set down for hearing in accordance with Rule 20 (4) (a) or (b) of the Courts of Petty Sessions (Civil Claims) Rules, the registrar shall return sufficient copies of the third party notice to the defendant to enable a copy of the notice to be served on the plaintiff or, where there is more than one plaintiff, on each plaintiff.","sortOrder":4},{"sectionNumber":"6","sectionType":"section","heading":"Stay of proceedings","content":"#### 6 Stay of proceedings\n\n6 Stay of proceedings\n\n> > (1) Where a defendant who has filed a notice of defence to the plaintiff’s action also files a third party notice, proceedings in the action shall be stayed until the third party files a notice of his defence to the defendant’s claim against him, or until the expiration of 28 days after service on the third party of the third party notice, whichever first occurs.\n> \n> > (2) A defendant who files a third party notice may cause a copy of the third party notice to be served by:\n> > \n> > > (a) a bailiff,\n> > \n> > > (b) a commercial agent or subagent,\n> > \n> > > (c) an attorney,\n> > \n> > > (d) a person employed within the office of an attorney, or\n> > \n> > > (e) a person in the permanent and exclusive employ of the defendant.\n> \n> > (3) Where proceedings in an action are stayed under clause (1) and the third party notice is not served on the third party, or an affidavit of that service is not filed within a reasonable time, the court may, on the application of the plaintiff, remove the stay of proceedings.","sortOrder":5},{"sectionNumber":"7","sectionType":"section","heading":"Service of third party notice","content":"#### 7 Service of third party notice\n\n7 Service of third party notice\n\n> > (1) Service of a third party notice upon a third party shall be effected in the same manner as a summons may be served upon a defendant but service of the third party notice shall only be effective if at the time of service a copy of the summons commencing the action and a copy of each other document filed in the action before the third party notice is filed is also served on the third party.\n> \n> > (2) A person who effects service of a third party notice shall, as soon as practicable thereafter, file an affidavit of that service and, by notice in writing inform each party to the action, other than the defendant (unless service of the third party notice has been effected by the bailiff) and the third party, of the date of that service.","sortOrder":6},{"sectionNumber":"8","sectionType":"section","heading":"Notice of defence","content":"#### 8 Notice of defence\n\n8 Notice of defence\n\n> > (1) A notice of defence filed by a third party shall specify whether the third party disputes the plaintiff’s claim against the defendant or the defendant’s claim against the third party or both of those claims.\n> \n> > (2) Where any notice of defence referred to in clause (1) is filed with the registrar the registrar shall, as soon as practicable thereafter, serve on the plaintiff and the defendant a copy of the notice of defence so filed and, where the action is not listed for hearing, list the action for hearing.\n> \n> > (3) For the purposes of listing an action for hearing in accordance with clause (2), Rule 20 (2) of the Courts of Petty Sessions (Civil Claims) Rules applies in the same way as it applies when a document referred to in Rule 20 (2) of those Rules is filed with a registrar.","sortOrder":7},{"sectionNumber":"9","sectionType":"section","heading":"Joinder of third parties","content":"#### 9 Joinder of third parties\n\n9 Joinder of third parties\n\n> Where a defendant makes against any other defendant in the same action a claim referred to in sub-rule 5 (1), he may file and serve on that other defendant a notice making that claim, and the same procedure shall apply as would be applicable under this rule if that other defendant were a third party, but nothing in this sub-rule shall prejudice the rights of the plaintiff against any other defendant.","sortOrder":8},{"sectionNumber":"10","sectionType":"section","heading":"Procedure upon joinder of third parties","content":"#### 10 Procedure upon joinder of third parties\n\n10 Procedure upon joinder of third parties\n\n> > (1) The court may direct what part the third party shall take in the trial and generally the extent to which the usual procedures at a trial shall be modified because of the joinder of the third party.\n> \n> > (2) As between the defendant by whom the third party notice has been served and the third party, the court may give any judgment or make any order which might properly have been given or made if the claim against the third party had been made in a separate action.\n> \n> > (3) A defendant shall not, except in accordance with an order of the court, enforce any judgment given in his favour against a third party until any judgment given in favour of the plaintiff against the defendant in the same action has been satisfied.\n> \n> > (4) An order referred to in clause (3) may be made subject to conditions.","sortOrder":9},{"sectionNumber":"11","sectionType":"section","heading":"Court may order separate trials","content":"#### 11 Court may order separate trials\n\n11 Court may order separate trials\n\n> The court may, if the trial in one action of the issues between the plaintiff and defendant and the issues between the defendant and the third party would in its opinion embarrass or delay the trial of the action or be otherwise inconvenient, order separate trials or make such other order as it thinks fit.","sortOrder":10},{"sectionNumber":"12","sectionType":"section","heading":"Failure by third party to file notice of grounds of defence","content":"#### 12 Failure by third party to file notice of grounds of defence\n\n12 Failure by third party to file notice of grounds of defence\n\n> Where a third party does not file notice of the grounds of his defence within 28 days after service on him of a third party notice, he shall be deemed to have admitted the whole of the defendant’s claim against him, unless the court otherwise orders, and the court may, on the application in writing of the defendant and without further notice to the third party, enter judgment against the third party.","sortOrder":11},{"sectionNumber":"13","sectionType":"section","heading":"Joinder of fourth and subsequent parties","content":"#### 13 Joinder of fourth and subsequent parties\n\n13 Joinder of fourth and subsequent parties\n\n> Where a third party makes against any person a claim referred to in sub-rule 5 (1) the third party may join the person as a fourth party in the action, and subsequent parties may be joined in succession in the same manner, each by the party previous to him in order of joinder.","sortOrder":12},{"sectionNumber":"14","sectionType":"section","heading":"Application of sub-rules 5 to 13 to fourth and subsequent parties","content":"#### 14 Application of sub-rules 5 to 13 to fourth and subsequent parties\n\n14 Application of sub-rules 5 to 13 to fourth and subsequent parties\n\n> Sub-rules 5 to 13 apply to parties joined subsequently to a third party as if in each group of three parties successively joined the first of those parties were a plaintiff, the second a defendant, and the third a third party.","sortOrder":13},{"sectionNumber":"15","sectionType":"section","heading":"Certain effects of third party notice","content":"#### 15 Certain effects of third party notice\n\n15 Certain effects of third party notice\n\n> For the purposes of sections 34 and 35 of the [Courts of Petty Sessions (Civil Claims) Act 1970](/view/html/repealed/current/act-1970-011), a defendant who files a third party notice shall be deemed to have filed a plaint and summons commencing an action.","sortOrder":14},{"sectionNumber":"16","sectionType":"section","heading":"Additional powers as to costs","content":"#### 16 Additional powers as to costs\n\n16 Additional powers as to costs\n\n> Where a third party has been joined in an action, the court may exercise its powers as to costs under the [Courts of Petty Sessions (Civil Claims) Act 1970](/view/html/repealed/current/act-1970-011) as if the third party were a plaintiff or defendant in the action, and accordingly may:\n> \n> > (a) order any party to pay the costs incurred by any other party,\n> \n> > (b) order any party to pay any costs which would otherwise be payable by any other party, and\n> \n> > (c) make such other order as to costs as the justice of the case may require.","sortOrder":15},{"sectionNumber":"Schedule 1","sectionType":"schedule","heading":null,"content":"# Schedule 1\n\nFirst Schedule\n\nForm No 1\n\nLAW REFORM (MISCELLANEOUS PROVISIONS) ACT 1946\n\nLAW REFORM (MISCELLANEOUS PROVISIONS) CIVIL CLAIMS THIRD PARTY PROCEDURE RULE 1977\n\nSub-rule No 5\n\nTHIRD PARTY NOTICE\n\n| IN the Court of Petty Sessions at in the State of New South Wales. | } | Plaint No. 19 , |\n\nBETWEEN\n\nPlaintiff,\n\nand\n\nDefendant.  \nThird Party.\n\nThe plaintiff has commenced an action against the defendant by which he claims an amount from the defendant.\n\nA copy of the plaint and summons in the action and a copy of each other document filed in the action is attached.\n\nThe defendant claims against the third party contribution towards or indemnity for any judgment recovered against him by the plaintiff in the action for the following reasons:\n\n\\*\n\n†The action has been set down for hearing at the Court of Petty Sessions at  \non the  \nday of 19 , at the hour of .\n\n†A stay of proceedings in the action is in force in accordance with sub-rule  \n6 (1) of the abovementioned Rule.\n\nYou have the same rights, and are subject to the same liabilities, in  \nrespect of the action as you would have had and been subject to if you had  \nbeen sued in a separate action by the defendant.\n\n††The acting on behalf of the third party is\n\nDated this day of 19 .\n\nRegistrar.\n\n\\* Insert reasons for the claim here.\n\n† Delete whichever does not apply.\n\n†† Delete if not applicable.","sortOrder":16}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":3,"scope_assessment":{"changed":false,"description":"Based on the limited metadata available, the instrument appears to have remained substantially unchanged since its original creation in 1977, with only minor amendments in 1981 and 1983. There is no evidence of scope creep or significant departure from its original purpose of regulating third party joinder in civil claims."},"complexity_factors":["The full operative text of the rules was not provided — only metadata and amendment history were available, severely limiting substantive analysis","Third party procedure rules can involve multi-party litigation concepts that may be unfamiliar to laypeople (e.g., indemnity, contribution, joinder)","The instrument is old (1977) and has had minimal amendments, suggesting it may interact with superseded or updated court procedure frameworks","Cross-referencing with the parent Act (Law Reform (Miscellaneous Provisions) Act) and current NSW civil procedure rules would be needed for full understanding","Procedural rules generally require knowledge of court processes to apply correctly"],"plain_english_summary":"This NSW procedural rule governs how a defendant can bring a third party into civil proceedings so related liability is resolved in one case rather than multiple suits. It affects defendants seeking to share or shift blame, third parties who may be pulled into litigation, and their lawyers.\n\nThe provided document only showed the rule’s status and amendment history (in force, minor amendments in 1981 and 1983); the operative text was not included."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"flash_summary":{"complexity_score":5,"scope_assessment":{"changed":false,"description":"This Rule codifies procedural mechanisms for third‑party joinder in Courts of Petty Sessions rather than expanding substantive liability. It applies existing Courts of Petty Sessions (Civil Claims) Act/Rules with role substitutions (Rule 4), prescribes how and when a defendant may seek contribution/indemnity (Rule 5), and sets effects of non‑compliance (deemed admission after 28 days, Rule 12). It also gives the court broad case‑management and costs powers (Rules 10, 11, 16) but does not alter who is substantively liable under underlying law."},"complexity_factors":["Cross-references and application of existing Act and Rules with role substitutions (Rule 4) — increases interpretive work to map terms and procedures.","Detailed and varied timing rules for filing Third Party Notice depending on summons type (Rule 5(1)(a)–(c)) — multiple deadlines to track.","Stay mechanism tied to third party response or 28 days (Rule 6(1)) — affects overall case scheduling and creates strategic delay incentives.","Service requirements that mandate delivering copies of original summons and prior documents and filing affidavits of service (Rules 7(1)–(2)) — procedural compliance burden.","Consequences for non-response: deemed admission and entry of judgment after 28 days (Rule 12) — creates strong default effect.","Cascade joinder of fourth and subsequent parties and application of earlier sub-rules to them (Rules 13–14) — can multiply complexity and parties.","Judicial discretion over trial participation, separate trials, enforcement conditions and costs orders (Rules 10, 11, 16) — wide-ranging case management choices for the court.","Special enforcement constraint: defendant cannot enforce judgment against third party until plaintiff's judgment is satisfied except by court order (Rule 10(3)) — creates conditional recovery sequencing."],"plain_english_summary":"This Rule lets a defendant in a petty-sessions civil claim bring a third party into the same proceeding by filing a ‘third party notice’ seeking contribution or indemnity for any judgment (e.g. a co‑debtor or insurer). It sets time limits, service rules and the effect of non‑response, and allows the court to manage trials, stays and costs. The practical effect is to shift potential liability and litigation costs onto joined third parties, change timing of hearings, and create procedural steps parties must follow to preserve rights."},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation remains tightly focused on its original purpose: establishing procedural mechanisms for third party joinder in civil claims. The scope has not expanded beyond this specific procedural remedy."},"complexity_factors":["Extensive cross-referencing to the Courts of Petty Sessions (Civil Claims) Act 1970 and Courts of Petty Sessions (Civil Claims) Rules (particularly Rules 20(2) and 20(4))","Nested conditional logic in Rule 5(1) with three main branches (default summons, special summons, ordinary summons) and further sub-branches for ordinary summons (i), (ii), and (iii)","Recursive application of rules in Rule 14, where sub-rules 5-13 are applied iteratively to fourth, fifth, and subsequent parties with role-shifting (first party becomes 'plaintiff', second becomes 'defendant', third becomes 'third party')","Deemed construction provisions in Rule 4 that reclassify parties for the purposes of applying other legislation (defendant becomes 'plaintiff', third party becomes 'defendant')","Procedural dependencies on external legislative instruments that are now repealed (Courts of Petty Sessions (Civil Claims) Act 1970 was repealed in 2007)"],"plain_english_summary":"This legislation sets out the rules for bringing someone else into an existing court case in New South Wales. Specifically, it allows a **defendant** (the person being sued) to add a **third party** to the case if they believe that third party should share the blame or pay them back for any damages they have to pay to the plaintiff (the person who started the lawsuit).\n\n**Key things this Rule does:**\n\n*   **Allows 'third party notices':** If you're being sued and think someone else is actually responsible, you can file a formal notice to bring them into the case. This is called 'joining' a third party.\n*   **Sets deadlines:** There are strict time limits for filing these notices, depending on how the original case was started (ranging from before a defence is filed, up to three days before a hearing).\n*   **Pauses the main case:** Once a third party is added, the original lawsuit is put on hold (stayed) for up to 28 days to give the third party time to respond.\n*   **Chains of responsibility:** A third party can even bring in a fourth party, and so on, creating a chain of people all claiming someone further down the line should pay.\n*   **Applies existing court rules:** Most of the normal court procedures for civil claims apply to these third party situations, with some tweaks (for example, treating the original defendant like a 'plaintiff' in their claim against the third party).\n\n**Who it affects:** Anyone involved in civil disputes in NSW Courts of Petty Sessions (now the Local Court) where one defendant wants to spread the legal and financial risk to another party.\n\n**Why it matters:** This prevents multiple separate lawsuits about the same incident. Instead of the defendant suing someone else later, everything gets sorted out in one go, saving time and money."}},"importantCases":[],"_links":{"self":"/api/acts/law-reform-miscellaneous-provisions-civil-claims-third-party-procedure-rule-1977","history":"/api/acts/law-reform-miscellaneous-provisions-civil-claims-third-party-procedure-rule-1977/history","analysis":"/api/acts/law-reform-miscellaneous-provisions-civil-claims-third-party-procedure-rule-1977/analysis","conflicts":"/api/acts/law-reform-miscellaneous-provisions-civil-claims-third-party-procedure-rule-1977/conflicts","importantCases":"/api/acts/law-reform-miscellaneous-provisions-civil-claims-third-party-procedure-rule-1977/important-cases","documents":"/api/acts/law-reform-miscellaneous-provisions-civil-claims-third-party-procedure-rule-1977/documents"}}