Victorian Numbered Regulations

SUPREME COURT (GENERAL CIVIL PROCEDURE) RULES 2015 (SR NO 103 OF 2015) - REG 11.13

    (1)     Where the third party files an appearance, the Court may make any order or give any direction as follows—

        (a)     where the liability of the third party to the defendant by whom the third party was joined as third party is established, give judgment for that defendant against the third party;

        (b)     order that any claim or question stated in the third party notice be tried in such manner as it directs;

        (c)     give the third party leave—

              (i)     to defend the proceeding, either alone or jointly with any defendant; or

              (ii)     to attend and take part at the trial;

        (d)     generally make such orders and give such directions—

              (i)     as are necessary to ensure that all questions in the proceeding are effectually and completely determined and adjudicated upon; and

              (ii)     as to the extent to which the third party is to be bound by any judgment or decision in the proceeding.

    (2)     The Court—

        (a)     may make any order or give any direction under paragraph (1) either before or after any judgment in the proceeding has been entered or given for the plaintiff against the defendant; and

        (b)     may at any time vary or rescind any such order or direction.