Australian Capital Territory Repealed Regulations

This legislation has been repealed.

MAGISTRATES COURT (CIVIL JURISDICTION) RULES 2004 (REPEALED) - REG 50

    (1)     Subject to these rules, proceedings on a cross-claim shall be conducted, heard and determined, as far as practicable, in the same way as proceedings instituted by the filing of a claim.

    (2)     Without limiting subsection (1), these rules apply to a cross-claim and to proceedings on a cross-claim as if—

        (a)     the notice of grounds of defence pleading the cross-claim were a claim; and

        (b)     the defendant pleading the cross-claim were a plaintiff in proceedings instituted to recover the amount claimed on the cross-claim; and

        (c)     the plaintiff against whom the cross-claim is pleaded were a defendant in such proceedings.

    (3)     Withdrawal, abandonment or dismissal of the whole or part of a claim or discontinuance of proceedings on the whole or part of a claim does not prevent the continuance of proceedings on a cross-claim, and the withdrawal, abandonment or dismissal of the whole or part of a cross-claim or discontinuance of proceedings on the whole or part of a cross-claim does not prevent the continuance of proceedings on the claim in relation to which the cross-claim was pleaded.