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Court Procedures Rules
314Third-party notice—default by third party
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314 Third-party notice—default by third party
(a) a default judgment is entered for the plaintiff against the
defendant who included a third party; and
(b) the third party is in default in relation to the third-party notice.
Note Div 2.11.3 (Default by defendant) applies to a third-party notice (see
r 1116 (Application—div 2.11.3) and r 1117 (When is a defendant in
default—generally).
(2) The third party—
(a) is taken to admit a claim stated in the third-party notice or its
statement of claim; and
(b) is bound by the default judgment between the plaintiff and
defendant as far as it is relevant to a claim or issue stated in the
third-party notice or statement of claim.
(3) The defendant—
(a) at any time after satisfaction of the default judgment, or, with
the court’s leave, before satisfaction, may obtain a judgment
against the third party for a contribution or indemnity claimed
in the notice; and
(b) with the court’s leave, may obtain a judgment against the third
party for other relief or remedy claimed in the notice.
an order (including an order setting aside, amending or a judgment) under
(4) The court may amend or set aside the judgment against the third party.
Rule 315