Document ID: chunk:federal_register_of_legislation:F2024C00519:reg:4:p2
Version: federal_register_of_legislation:F2024C00519
Segment Type: reg
Provision Reference: reg 4 (pt 2/154)
Character Range: 220459–223162

contribution is made, the order must not be enforced until any order for the applicant against that cross‑claimant has been satisfied.

15.13  Hearings in relation to cross‑claims
  A party to a cross‑claim may apply to the Court for an order:
 (a) that any claim, question or issue arising in the cross‑claim be tried in accordance with an order of the Court; or
 (b) permitting a cross‑respondent to defend the claim made in the principal proceeding or any other cross‑claim in the proceeding, either alone or with another party; or
 (c) permitting a cross‑respondent to appear at the hearing of the principal proceeding or any other cross‑claim in the proceeding, and to participate in the hearing as the Court considers appropriate; or
 (d) determining the extent to which the cross‑claimant, and a cross‑respondent, are to be bound as between each other by an order or a decision made in relation to the principal proceeding or any other cross‑claim in the proceeding; or
 (e) for the hearing and determination of the principal proceeding and the cross‑claim; or
 (f) dismissing the cross‑claim.

15.14  Co‑cross‑respondents
  If a cross‑claimant claims relief against 2 or more cross‑respondents, and requires any cross‑respondent to give discovery under Part 20, the cross‑respondent must serve the cross‑respondent's list of documents and affidavit on the cross‑claimant and on each other cross‑respondent who has filed a defence.

Division 15.2—Amendment of cross‑claim

15.15  Amendment generally
 (1) A cross‑claimant may apply to the Court for leave to amend a notice of cross‑claim for any reason, including:
 (a) to correct a defect or error that would otherwise prevent the Court from determining the real questions raised by the cross‑claim; or
 (b) to avoid the multiplicity of proceedings; or
 (c) to correct a mistake in the name of a party to the proceeding; or
 (d) to correct the identity of a party to the proceeding; or
 (e) to change the capacity in which the party is suing in the proceeding, if the changed capacity is one that the party had when the proceeding was started, or has acquired since that time; or
 (f) to substitute a person for a party to the proceeding; or
 (g) to add or substitute a new claim for relief, or a new foundation in law for a claim for relief, that arises:
 (i) out of the same facts or substantially the same facts as those already pleaded to support an existing claim for relief by the applicant; or
 (ii) in whole or in part, out of facts or matters that have occurred or arisen since the start of the proceeding.
Note: For paragraph (1)(b) and the avoidance of multiplicity of proceedings, see section 22 of the Act.
 (2) A cross‑claimant may