Third party notice (Form 14)

Part 6 of chapter 6 of the Uniform Civil Procedure Rules 1999 (Qld) provides a third party procedure in a proceeding started by claim. A defendant may file a third party notice to claim contribution or indemnity from a person who is not already a party, to claim relief from that person connected with the original subject matter and substantially the same as relief the plaintiff claims, or to have a related question decided between them (r 192). The notice must be in the approved form (Form 14), state briefly the nature of the claim against the third party, and attach a statement of claim unless the court orders otherwise (r 193). On service the third party becomes a party to the proceeding (r 196) and responds as a defendant would, filing a notice of intention to defend within 28 days (r 197 applying chapter 5).

When you need it

• You are a defendant and say another person is wholly or partly responsible for what the plaintiff claims, and you want contribution or indemnity from them.
• You want a related question decided not only between you and the plaintiff but also with someone who is not yet a party (r 192(c)).
• Only in a proceeding started by claim, and only after you have filed your defence, unless the court gives leave (rr 191, 194).

1. 1

   Complete the heading and issue block

   Copy the court, registry, number and parties. The Word form is headed Supreme Court; substitute District Court or Magistrates Courts as needed. The registry completes the filing details and the registrar signs and seals.

2. 2

   Summarise the plaintiff's claim

   State concisely the nature of the plaintiff's claim against the defendant, as it appears in the claim.

3. 3

   State the claim against the third party

   In numbered paragraphs, set out what the defendant claims from the third party, for example to be indemnified against the plaintiff's claim and costs, or contribution to a stated extent, or the relief and grounds. The form says the defendant relies on the facts in its attached statement of claim.

4. 4

   Keep the notice to the third party

   Do not alter the notice telling the third party to file a notice of intention to defend (Form 6) within 28 days of service, and explaining the consequences under rule 201 of not doing so.

5. 5

   Give the defendant's particulars and sign

   Insert the registry address, the defendant's name, address, solicitor and address for service (or, if no solicitor, your own address for service and contact details), then sign, describe the signatory and date. Name the third party to be served.

• Without leave, file the third party notice after filing your defence and within 28 days after the time for filing your defence ends, or any extension the plaintiff agrees to (r 194(1)). Otherwise apply for leave, serving the application on the plaintiff (r 194(2)).
• Serve the third party as soon as practicable after issue, in the same way as an originating process, with a copy of any order giving leave, the claim and all pleadings filed (r 195(1)-(2)).
• As soon as practicable after that, serve a copy of the notice on the plaintiff and every party who has filed a notice of intention to defend (r 195(3)).
• A filing fee may apply. Check the current fee schedule for the court.

• Attach a properly pleaded statement of claim against the third party. The third party may file a defence within 28 days after being served with it (r 198).
• If the plaintiff gets default judgment against you and the third party has not filed a notice of intention to defend or defence, the third party is taken to admit your claim and is bound by the default judgment, and you may get judgment against them (r 201).
• After a third party notice is filed, every pleading must be served on all parties with an address for service (r 199).