Commonwealth Numbered Regulations

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1979 No. 140 FEDERAL COURT RULES - RULE 5.12

Directions
12. (1) A party to the proceeding may, at any time after the filing of a
cross-claim, move for directions.

(2) On any directions hearing, or on the trial or hearing of the cross-claim,
the Court may-

   (a)  make any order or direction it may make under Order 10 (which relates
        to directions hearings);

   (b)  order that any claim, question or issue in or arising on the
        cross-claim be tried in such manner as the Court may direct;

   (c)  give to a respondent to the cross-claim leave to defend the claim on
        the originating process or any other cross-claim in the proceeding,
        either alone or in addition to any other party;

   (d)  give to a respondent to the cross-claim leave to appear at the trial
        or hearing of the claim on the originating process or on any other
        cross-claim in the proceeding and to take such part in the trial or
        hearing as the Court thinks fit;

   (e)  dismiss the cross-claim;

   (f)  determine the extent to which the cross-claimant and a respondent to
        the cross-claim shall be bound as between themselves by a judgment
        (including a judgment by consent or by default) or decision (including
        a decision by consent) on the claim on the originating process or any
        other cross-claim in the proceeding;

   (g)  pronounce such judgment as the nature of the case may require;

   (h)  give such directions as the Court thinks fit for having the rights and
        liabilities of the parties determined and enforced, including any
        order or direction which may be made or given under this Order.

(3) Order 10, rules 4-7 (directions hearing) apply to a motion for directions
under this rule.



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