Australian Capital Territory Repealed Regulations

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This legislation has been repealed.

MAGISTRATES COURT (CIVIL JURISDICTION) RULES 2004 (REPEALED) - REG 59

Stay of proceedings

    (1)     Subject to subsection (2), if a defendant in proceedings who has filed a notice of grounds of defence files a third-party notice, the proceedings are stayed until—

        (a)     the third party has filed a notice of grounds of defence; or

        (b)     a period of 21 days has expired after the date on which a copy of the third party notice was served on the third party;

whichever first occurs.

    (2)     If proceedings are stayed under subsection (1), the court may, on the application of the plaintiff, remove that stay of proceedings if it is satisfied that a copy of the third-party notice was not served on the third party, or an affidavit of that service was not filed, within a reasonable time.



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