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.