25Cross-claims by defendant

#### 25 Cross-claims by defendant 25 Cross-claims by defendant > > (1) An original defendant in proceedings must make any cross-claim as soon as practicable after being served with the plaintiff’s claim in the proceedings. > > > (2) Cross-claims by all defendants (including original defendants) must be filed and served within 10 business days for malignant claims, or 30 business days for non-malignant claims, after service of the plaintiff’s statement of particulars on the last of the original defendants. > > > (3) An original defendant may request the plaintiff to extend the time for filing and serving a cross-claim but can only make the request before the end of the period within which a cross-claim is required to be filed and served. > > > (4) The time for filing and serving a cross-claim cannot be extended in total by more than 10 business days for malignant claims or 20 business days for non-malignant claims. > > > (5) A plaintiff is taken to consent to a request to extend the time for filing and serving a cross-claim unless the plaintiff is able to demonstrate that the extension requested would result in substantial prejudice to the plaintiff. > > > (6) If the time for filing and serving a cross-claim is extended, the original defendant must immediately notify the registrar in writing of the extension and the length (in business days) of the extension. > > > (7) An extension of the time for filing and serving a cross-claim extends (for the period of the extension) all subsequent time periods within which anything is required to be done under the claims resolution process in respect of the claim concerned. > > > (8) If a person is identified as the insurer of a defendant only after expiry of the period within which a cross-claim is required under this clause to be filed and served on the insurer— > > > > > (a) a cross-claim may, with the consent of the plaintiff, be filed and served on that insurer after the expiry of that period, and > > > > > (b) the plaintiff must not refuse that consent unless the plaintiff can establish that the joining of the insurer will result in substantial prejudice to the plaintiff, and > > > > > (c) once joined, the insurer is entitled to update the defendant’s reply, and > > > > > (d) the joining of the insurer does not affect the running of any time period for the purposes of the claims resolution process. > > > (9) A cross-claim that is not filed and served as required by this clause cannot be made in the proceedings (but without affecting any right of a defendant to pursue the claim in separate proceedings commenced by the defendant). > > > > Note. > > > > Division 6 applies to a cross-claim that is not filed and served as required by this clause. > > > (10) A defendant must serve a copy of the plaintiff’s statement of claim and statement of particulars with the defendant’s cross-claim. A defendant’s cross-claim is not properly served until a copy of the plaintiff’s statement of claim and statement of particulars is served. > > > (11) A defendant’s cross-claim must notify the cross-defendant of the date on which the plaintiff’s statement of particulars was served on the defendant (or on the last of the original defendants on the claim to be served if there was more than one original defendant) as required by this Division. > > > (12) An original defendant who is the sole defendant in proceedings must notify the plaintiff as soon as practicable after a cross-claim is filed. > > > (13) For the avoidance of doubt, where an original defendant makes a cross-claim against a cross-defendant, the claim is, for the purposes of this Part, taken to be a claim involving more than one defendant.