NSWIn ForceRegulation
Dust Diseases Tribunal Regulation 2019
27Joinder of additional defendants
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#### 27 Joinder of additional defendants
27 Joinder of additional defendants
> > (1) If a defendant (a new defendant) is joined to a claim by a plaintiff after the statement of particulars has been filed and served, the claims resolution process is suspended in its application to the original defendants from the time the new defendant is joined until the claims resolution process in its application to the new defendant has reached the same stage as the process had reached in its application to the original defendants.
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> > (2) Time does not run during the period of suspension for the purposes of any period within which anything is required to be done by any original defendant under the claims resolution process.
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> > (3) The plaintiff must submit, with the notice of motion to join the new defendant, a proposed timetable that identifies any modifications to the timetable for completion of the claims resolution process that may be necessary to enable completion of the claims resolution process, while giving effect to the maximum extent possible to the timetable for completion of that process as set out in this Part.
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> > (4) The Tribunal may make orders or directions relating to, or consequent on, the joinder of the new defendant and any order or direction has effect for the purpose of varying the requirements of this Part as to the time within which any relevant aspect of the claims resolution process must be completed, and this Part is varied accordingly in its application to the claim concerned.
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> > (5) If a new defendant is joined to a claim after an agreement or determination as to apportionment has been made under Division 5, that agreement or determination is set aside and Division 5 applies to the original defendants and the new defendant.