Document ID: chunk:federal_register_of_legislation:F2023C00085:reg:119:p8
Version: federal_register_of_legislation:F2023C00085
Segment Type: reg
Provision Reference: reg 119 (pt 8/23)
Character Range: 184874–187594

(with necessary changes) to a cross‑claim as if:
 (a) the applicant on the cross‑claim were the applicant in an original application; and
 (b) the respondent to the cross‑claim were the respondent to an original application.
 (2) However, if a respondent to a cross‑claim has an address for service in the original proceeding, service by hand on the respondent is not required.
 (3) Subject to rule 24.07, a cross‑claim must be heard at the same time as the original application.

24.07  Exclusion of cross‑claim
  The Court may at any time exclude a cross‑claim from the proceeding in which it is made and give the directions that the Court considers appropriate about the conduct of the cross‑claim.

24.08  Cross‑claim after judgment etc
  A cross‑claim may proceed after judgment is given in the original proceeding or after the original proceeding is stayed, dismissed or discontinued.

24.09  Judgment for balance
  If a respondent establishes a cross‑claim against the applicant and there is a balance in favour of one of the parties, the Court may give judgment for the balance.

24.10  Stay of claim
  The Court may stay the enforcement of a judgment given against a respondent until a cross‑claim by the respondent is decided.

24.11  Cross‑claim for contribution or indemnity
  Unless the Court otherwise orders, if an applicant on a cross‑claim makes a claim for contribution or indemnity in relation to a claim made against the applicant:
 (a) an order for the applicant must not be entered; and
 (b) an order for the applicant in relation to the cross‑claim must not be enforced by execution until any order against the applicant has been satisfied.

24.12  Offer of contribution
 (1) This rule applies in a proceeding if:
 (a) a party (the first party) may be held liable to contribute towards an amount of debt or damages that may be recovered from another party (the second party) in the proceeding; and
 (b) at any time after entering an appearance in the proceeding, the first party makes an offer to the second party, without prejudice to the first party's defence, to contribute, to a specified extent, to the amount of the debt or damages.
 (2) The first party's offer must not be brought to the attention of the Court until all issues in relation to the first party's liability, or the amount of the debt or damages, have been decided between the parties.

Part 25—Enforcement

25.01  Definitions for Part 25
  In this Part:
without notice means without serving or advising another party or other person of an application to be made to the Court.

25.02  Application without notice for directions
  A party or an interested person may, without notice, apply to the Court for directions about the