ACTIn ForceRegulation
Court Procedures Rules
319Notice claiming contribution or indemnity against another
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319 Notice claiming contribution or indemnity against another
party
(1) A party to a proceeding, other than a plaintiff, may file a notice
claiming a contribution or indemnity (a notice claiming contribution
or indemnity) if the party wants to—
(a) claim against another party to the proceeding a contribution or
indemnity; or
(b) claim against another party to the proceeding relief—
(i) relating to or connected with the original subject matter of
(ii) substantially the same as some relief claimed by the
(c) require an issue relating to or connected with the original subject
matter of the proceeding to be decided not only as between the
plaintiff and defendant but also between either of them and
another party to the proceeding.
(2) A notice claiming contribution or indemnity must state briefly and
specifically the nature of the claim made and relief sought.
Note See approved form 2.13 (Notice claiming contribution or indemnity)
AF2009-283.
(3) A notice claiming contribution or indemnity filed in the Magistrates
Court must show that the court has jurisdiction to decide the claim.
(4) A notice claiming contribution or indemnity must state specifically
any claim for interest up to the day of judgment.
(5) A notice claiming contribution or indemnity need not specifically
claim costs.
Rule 320
(6) Rule 316 (Third-party notice—hearing), rule 317 (Third party—
extent bound by judgment between plaintiff and defendant) and
rule 318 (Third-party notice—judgment between defendant and third
party) apply, with necessary changes, to a notice claiming
contribution or indemnity as if—
(a) the notice were a third-party notice; and
(b) the party who filed the notice were the defendant; and
(c) the party against whom the claim in the notice is made were a
third party.