400Application—pt 2.6

400 Application—pt 2.6 (1) This part applies to— (a) a proceeding started by originating claim or third-party notice; and (b) a counterclaim made in a proceeding started by originating claim or third-party notice. Note 2 Third-party notice includes a fourth-party notice, fifth-party notice etc (see r 322 (2) (c)). (2) However, despite rule 39 (3) (Proceeding incorrectly started by originating application), this part applies to a proceeding started by an originating application only if the court orders the plaintiff to file and serve a statement of claim.