Commonwealth Numbered Regulations

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2) (GENERAL FEDERAL LAW) RULES 2021 (F2021L01220) - RULE 24.03

             (1)  A respondent may make a cross-claim against a person other than the applicant (whether or not already a party to the proceeding) if:

                     (a)  the applicant is also made a party to the cross-claim; and

                     (b)  either:

                              (i)  the respondent alleges that the other person is liable with the applicant for the subject matter of the cross-claim; or

                             (ii)  the respondent claims against the other person relief relating to or connected with the subject matter of the original proceeding.

             (2)  If a respondent makes a cross-claim against a person who is not a party to the original proceeding, the respondent must serve the response and cross-claim and the applicant's application on the person.

             (3)  A person who is not a party to the original proceeding and is included as a respondent to a cross-claim becomes a party to the proceeding on being served with the response and cross-claim.

             (4)  If a respondent makes a cross-claim against a person who is not a party to the original proceeding, these Rules apply as if:

                     (a)  the cross-claim were an application; and

                     (b)  the party making the cross-claim were an applicant; and

                     (c)  the party against whom the cross-claim is made were a respondent.