District Court Amendment (Cross-claims) Rule 2003 (NSW)
2003 No 257
New South Wales
District Court Amendment (Cross-
claims) Rule 2003
under the
District Court Act 1973
The District Court Rule Committee made the following rule of court under the
District Court Act 1973 on 6 March 2003.
A Liounis
Acting Secretary of the Rule Committee
Explanatory note
The object of this Rule is to amend Part 20 rule 10 of the District Court Rules 1973 to provide that a defendant to a cross-claim (the original cross-claim) who wishes to file a cross-claim in respect of the original cross-claim must do so within 1 month of being served with the original cross-claim, unless the Court grants leave for it to be filed after the expiry of that period.
| Published in Gazette No 74 of 17 April 2003, page 4490 | Page 1 |
| 2003 No 257 | |
| Clause 1 | District Court Amendment (Cross-claims) Rule 2003 |
District Court Amendment (Cross-claims) Rule 2003
under the
District Court Act 1973
1 Name of Rule
This Rule is the District Court Amendment (Cross-claims)
Rule 2003.
2 Amendment of District Court Rules 1973
The District Court Rules 1973 are amended as set out in Schedule 1.
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2003 No 257
District Court Amendment (Cross-claims) Rule 2003
| Amendment | Schedule 1 |
| Schedule 1 Amendment |
(Clause 2)
Part 20 rule 10
Omit rule 10 (2). Insert instead:
(2) A cross-claimant may file a cross-claim:
(a)
if the cross-claim is filed in respect of an action to which the cross-claimant is a defendant—within 2 months after the day on which the cross-claimant is served with the statement of claim commencing the action, or
(b)
if the cross-claim is filed in respect of another cross- claim to which the cross-claimant is a defendant— within 1 month after the day on which the cross- claimant is served with the cross-claim in respect of which the cross-claimant is a defendant, or
(c)
if the period referred to in paragraph (a) or (b) has expired—only with the leave of the Court.
BY AUTHORITY
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