New South Wales Consolidated Regulations

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UNIFORM CIVIL PROCEDURE RULES 2005 - REG 9.7

Service on new parties

9.7 Service on new parties

(cf SCR Part 6, rule 5; DCR Part 20, rule 5; LCR Part 18, rule 1)

(1) This rule applies to the service of a statement of cross-claim or cross-summons on a person who is not already a party to the proceedings from which the cross-claim arises.
(2) When serving the statement of cross-claim or cross-summons, the cross-claimant must serve on the cross-defendant both the originating process in the proceedings from which the cross-claim arises and such of the following documents as have been filed by or served on the cross-claimant--
(a) in proceedings commenced by statement of claim or in which a statement of claim has been filed, any other pleadings,
(b) in proceedings commenced by summons, any other cross-summonses,
(c) any notices of motion not finally disposed of,
(d) any affidavits, other than affidavits that are not relevant to the questions arising on the cross-claim,
(e) any other documents that have been served by the plaintiff on the defendant, or by the defendant on the plaintiff, and are intended to be relied on,
(f) any amendments to any of the documents referred to in paragraphs (a)-(e).
(3) Service of a statement of cross-claim or cross-summons must be effected in accordance with the provisions of these rules with respect to service of originating process.



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