Alan Weiss Aussie Divorce 16th March, family court orders and third parties Family Law Courts can join third parties in a family law proceeding to protect the interests of both divorcing parties and third parties. A divorcing husband and wife, or separating de facto partnersare the most keenly interested parties in family law proceedings. There are times, however, when third parties also have an interest in the proceedings. In financial matters, third parties might be creditors, landlords, business partners, and others whose interests are entwined with those of the divorcing or separating parties.
Rules of the Superior Courts Order: Unless the plaintiff wishes to add the third party as a defendant, his attendance at the hearing of the motion shall not be necessary.
If he does attend, he shall not be entitled to costs except by special direction of the Court. It shall be in accordance with the Form No.
The third-party shall, as from the time of the service upon him of the notice, be a party to the action with the same rights in respect of defence against any claim made against him and otherwise as if he had been duly sued in the ordinary way by the defendant. Provided that the third-party failing to appear within such time may apply to the Court for leave to appear, and such leave may be given upon such terms, if any, as the Court may think fit.
The memorandum of appearance shall be in the Form No.
If a third-party duly served with a third-party notice does not enter an appearance or makes default in delivering any pleading which he has been ordered or is bound to deliver, he shall be deemed to admit the validity of and shall be bound by any judgement given in the action, whether by consent or otherwise, and by any decision therein on any question specified in the notice; and when contribution or indemnity or other relief or remedy is claimed against him in the notice, he shall be deemed to admit his liability in respect of such contribution or indemnity or other relief or remedy.
Where a third-party makes default in entering an appearance or delivering any pleading which he has been ordered or is bound to deliver and the defendant giving the notice suffers judgement by default, such defendant shall be entitled at any time, after satisfaction of the judgement against himself, or before such satisfaction by leave of the Court, to enter judgement against the third-party to the extent of any contribution or indemnity claimed in the third-party notice, or, by leave of the Court, to enter such judgement in respect of any other relief or remedy claimed as the Court shall direct: After the third-party enters an appearance, and before the expiration of the time limited for delivery of defence, he may, after serving notice of the intended application upon the plaintiff and all defendants, apply to the Court to vary any directions given by the Court under sub rule 1 of rule 1 of this Order.
The Court may decide all questions of costs as between a third-party and the other parties to the action, and may order any one or more to pay the costs of any other or others or give such directions as to costs as the justice of the case may require.
No appearance to such notice shall be necessary. In this Order the words "plaintiff" and "defendant" respectively, shall include a plaintiff and a defendant to a counterclaim.(1) Where a third-party makes as against any person not already a party to the action such a claim as is defined in rule 1 the provisions of this Order regulating the rights and procedure as between the defendant and the third-party shall apply mutatis mutandis as between the third-party and such other person and the Court may give leave to.
Third party proceeding is only available to a defendant while joinder of parties can be applied for the person to be joined either by the parties or the court suo motu, or even by the party seeking to be joined as in the case of joinder by intervention.
A defending party may, as third-party plaintiff, serve a summons and complaint on a nonparty who is or may be liable to it for all or part of the claim against it.
But the third-party plaintiff must, by motion, obtain the court's leave if it files the third-party complaint more than 14 days after serving its original answer. Third Party Logistics – An Overview A third-party logistics firm is a firm that provides outsourced or “third party” logistics services to companies for some portion or .
The additional party shall file and serve (in accord with Rule 5 of the Hawai‘i Rules of Civil Procedure) a responsive pretrial statement that sets forth the same kind of information required by Rule 12(b) of these rules within 60 days of the service of the pretrial statement against the additional party.
The legal definition of Third Party Claim is A claim made by a defendant within existing legal proceedings seeking to enjoin a person not party to the original action, to enforce a related duty.