58New cross-claim subject to claims resolution process

58 New cross-claim subject to claims resolution process

58 New cross-claim subject to claims resolution process

(1) Despite clause 16, a new cross-claim to which this Division applies is subject to the claims resolution process once the claim is filed and until—

(a) the defendants to the claim agree as required by Division 5 to the contribution that each is liable to make to damages recovered by the plaintiff on the original claim, or

(b) failing agreement, a Contributions Assessor has determined under Division 5 the contribution that each defendant is liable to make.

Note.

Under clause 17, proceedings in the Tribunal to determine the new cross-claim are deferred while the claim is subject to the claims resolution process. Under clause 26, a defendant to a cross-claim is required to file and serve a reply to the cross-claim, subject to subclause (2). Cross-claimants are not required to provide a statement of particulars for their cross-claim.

(2) Despite clause 26(5), a reply under clause 26 by a new defendant must be served within 30 business days after service of the new cross-claim statement of claim on the last of the new defendants.