ACTIn ForceRegulation
Court Procedures Rules
316Third-party notice—hearing
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316 Third-party notice—hearing
(1) A third party may appear at, and take part in, the hearing of the
proceeding as the court directs.
direction or order under this rule.
(2) At the hearing, the issues between the defendant who included the
third party and the third party must be heard with the issues between
the plaintiff and the defendant.
(3) However, the court may, at any time, order that the issues between
the defendant who included the third party and the third party be heard
separately from the issues between the plaintiff and the defendant if
it considers that hearing them together would—
(a) unfairly prejudice a party; or
(b) embarrass or delay the hearing of the proceeding; or
(c) be otherwise inconvenient.
Rule 317
(4) The court may order the separate hearing—
(a) on application by a party before the party files and serves a third-
party notice; or
(5) The court may give the orders it considers appropriate about the
conduct of the separate hearing.