ACTIn ForceRegulation
Court Procedures Rules
1615Orders—joint liability
Start here
Get a plain-English read of 1615
Turn the raw legal text into a practical explanation grounded in Court Procedures Rules.
1615 Orders—joint liability
(a) 2 or more people are jointly liable in relation to a cause of action
in a proceeding; and
(b) 1 or more, but not all, of the people jointly liable are served with
Rule 1615
(2) The court may enter judgment in relation to the cause of action against
any 1 or more of the people served with the originating process, and
the judgment may be enforced against anyone against whom
judgment is entered.
(3) If judgment is entered in relation to the cause of action against 1 or
more, but not all, of the people jointly liable in relation to the cause
of action—
(a) the liability of the people jointly liable against whom judgment
is not entered (the other people) is not discharged by the
judgment or any enforcement of the judgment; and
(b) the people against whom judgment is entered (the judgment
parties) and the other people are, as between the judgment
parties on the one hand and the other people on the other hand,
liable severally but not jointly; and
(c) if there are 2 or more other people—the other people are jointly
liable as between themselves; and
(d) if the judgment is satisfied or partly satisfied—the liability of
the other people is discharged to the extent to which the
judgment is satisfied.
(4) Subrule (3) does not affect a person’s right to contribution or
indemnity in relation to the person’s satisfaction of all or part of a
liability that the person has (whether jointly, severally or jointly and
severally) with anyone else.
(5) This rule does not apply to a proceeding to which the Civil Law
(Wrongs) Act 2002, section 107F (Proportionate liability for
apportionable claims) applies.
Rule 1616