New South Wales Consolidated Regulations

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UNIFORM CIVIL PROCEDURE RULES 2005 - REG 9.11

Contribution or indemnity

9.11 Contribution or indemnity

(cf SCR Part 6, rule 9; DCR Part 20, rule 9; LCR Part 19, rule 1)

(1) If a defendant makes a cross-claim for contribution or indemnity in respect of a claim made against the defendant in the proceedings, judgment on the cross-claim--
(a) is not to be entered except by leave of the court, and
(b) is not to be enforced until any judgment in the proceedings against the defendant has been satisfied.
(2) If a cross-claim in any proceedings includes a claim for contribution under section 5 of the Law Reform (Miscellaneous Provisions) Act 1946 in respect of a claim made in the proceedings against the party by whom it is filed, a defence to the cross-claim, or subsequent pleadings on the cross-claim, may not be filed unless the court so directs.



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