60Notice to original claim defendants of new cross-claim

#### 60 Notice to original claim defendants of new cross-claim 60 Notice to original claim defendants of new cross-claim > > (1) The initiating defendant must give notice in writing of the commencement of proceedings on the new cross-claim to each of the original claim defendants who was a party to the original claim at the time of the agreement or determination as to contribution on the original claim and must give that notice before or at the time that the statement of claim in the new cross-claim proceedings is served. > > > (2) The initiating defendant must also serve on each of those original claim defendants, at the same time as the statement of claim for the new cross-claim is served— > > > > > (a) a copy of the statement of claim for the new cross-claim, and > > > > > (b) a copy of the appropriately revised version of Part 8 of Form 2 of the initiating defendant’s reply to the original claim against the defendant (as served with the statement of claim for the new cross-claim). > > > (3) Each original claim defendant may elect whether or not to be subject to a new apportionment of liability on the original claim among defendants including any new defendants. > > > (4) An election must be made within 10 business days after the original claim defendant is served with a copy of the statement of claim for the new cross-claim. > > > (5) An election is made by giving notice of the election in writing to the registrar, the initiating defendant and each of the other original claim defendants, accompanied by an appropriately revised version of Part 8 of Form 2 of the original claim defendant’s reply to the original claim. > > > (6) Failure to elect within the required time constitutes an election not to be subject to a new apportionment of liability. > > > (7) If the initiating defendant or another original claim defendant did not file a reply to the original claim, an obligation under this Division to serve a copy of an appropriately revised version of Part 8 of Form 2 of the reply is to be read instead as an obligation to file and serve a reply under clause 26. > > > (8) The initiating defendant must give notice in writing of the service of the new cross-claim to the registrar and must give that notice within 5 business days of the service of the statement of claim in the new cross-claim proceedings (or if there is more than one new defendant, within 5 business days of the service of the statement of claim on the last of the new defendants).