61New apportionment under Division 5

#### 61 New apportionment under Division 5 61 New apportionment under Division 5 > > (1) The provisions of Division 5 apply again in respect of the original claim and the original claim defendants (with the new defendants included as defendants to the claim), subject to the following modifications and clarifications— > > > > > (a) agreement as to apportionment must be reached no later than 70 business days after service of the statement of claim for the new cross-claim on the last of the new defendants, > > > > > (b) agreement as to apportionment is only required to be reached by (and is only binding under clause 55 on) the original claim defendants that have elected to be subject to a new apportionment of liability on the original claim and the new defendants, > > > > > (c) a Contributions Assessor’s determination as to apportionment under Division 5 is to be made within 80 business days after service of the statement of claim for the new cross-claim on the last of the new defendants, > > > > > (d) the Contributions Assessor’s determination is to be a determination of the contribution that each defendant is liable to make, including (in addition to new defendants) all original claim defendants whether or not they have elected to be subject to a new apportionment of liability on the original claim, but is not binding under clause 55 on an original claim defendant unless the defendant elected to be subject to the new apportionment of liability, > > > > > (e) the Contributions Assessor’s determination cannot increase any contribution already determined by a Contributions Assessor in respect of an original claim defendant. > > > (2) A reference in this clause to the service of the statement of claim for the new cross-claim on the last of the new defendants is a reference to service of that statement of claim— > > > > > (a) if there is only one new defendant—on that defendant, or > > > > > (b) if there is more than one new defendant—on the last of the new defendants to be served. > > Note. > > Clause 55 provides costs sanctions if a defendant disputes the contribution that the defendant is liable to make and the judgment of the Tribunal does not result in material improvement of the defendant’s position.