Document ID: chunk:federal_register_of_legislation:F2024C00519:reg:4:p6
Version: federal_register_of_legislation:F2024C00519
Segment Type: reg
Provision Reference: reg 4 (pt 6/43)
Character Range: 126471–128969

proceedings by or against any party or parties be conducted separately.

9.03  Joinder of applicants with joint entitlement
  If an applicant claims relief to which any other person is entitled jointly with the applicant:
 (a) each person so entitled must be joined as a party to the proceeding; and
 (b) any person so entitled who does not consent to being joined as an applicant must be made a respondent to the proceeding.
Note: For actions in relation to joint contracts, where one of the contractors is bankrupt, see section 62 of the Bankruptcy Act 1966.

9.04  Joinder of persons with common liability
 (1) If relief is claimed against a respondent who is both jointly and severally liable with another person, the other person need not be made a respondent to the proceeding.
 (2) If 2 or more persons may be jointly, but not severally, liable and relief is claimed against some, but not all, of the persons, a respondent may apply to the Court for an order that the proceeding be stayed until each person who is jointly liable is made a respondent to the proceeding.

9.05  Joinder of parties by Court order
 (1) A party may apply to the Court for an order that a person be joined as a party to the proceeding if the person:
 (a) ought to have been joined as a party to the proceeding; or
 (b) is a person:
 (i) whose cooperation might be required to enforce a judgment; or
 (ii) whose joinder is necessary to ensure that each issue in dispute in the proceeding is able to be heard and finally determined; or
 (iii) who should be joined as a party in order to enable determination of a related dispute and, as a result, avoid multiplicity of proceedings.
 (2) A person must not be added as an applicant without the person's consent.
 (3) If a person is joined as a party under this rule, the start date of the proceeding for the person is the date on which the order is made.
 (4) An application under subrule (1) need not be served on any person who was not served with a copy of the originating application.
Note: The Court may make an order for any of the following:
(a) service of the order and any other document in the proceeding;
(b) amendment of a document in the proceeding;
(c) the filing of a notice of address for service by a party.

9.06  Application for separate trials—inconvenient joinder of causes of action or parties
  A party may apply to the Court for an order that separate trials be held on the ground that a joinder of parties, or causes of action, in a proceeding