Third party notice (Rule 203(1)(c)) (Form 18)

Under rule 202 of the Supreme Court Rules 2000 (Tas), a defendant who claims to be entitled to contribution or indemnity, or other relief connected with the subject of the action, from a person who is not already a party may file and serve a third party notice on that person. Rule 203 says what it must contain and requires it to be in the prescribed form, which is Form 18. Once served, the third party becomes a party to the action (r 204). If the third party does not appear, it is taken to admit the validity of any judgment in the action and its own liability as claimed (r 206).

When you need it

• You are a defendant and claim that a non-party must indemnify you, or contribute to whatever you have to pay the plaintiff.
• Without leave, file it within 30 days after delivering your defence; at any other time you need the Court's leave (r 202(2)).
• Against a person who is already a co-defendant, serve a notice under rule 211 instead. No appearance is needed to that notice.

1. 1

   Heading and filing date

   Copy the heading from the action. The registry inserts the filing date.

2. 2

   Third party

   Insert the third party's name and address.

3. 3

   Paragraph 2: the claim

   Use the indemnity version or the contribution version (with the proportion claimed), identify which defendant is claiming if there is more than one, and set out the grounds. Rule 203(1)(a)-(b) requires the nature and grounds of the claim and the relief sought.

4. 4

   Paragraph 3: costs

   State the extent of any claim to be indemnified against the plaintiff's costs, and the claim for the costs of the third party proceedings.

5. 5

   Paragraph 4: days for appearance

   Insert the appearance period. It must not be less than a defendant would get on a writ: 7 days in Tasmania or 21 days elsewhere in Australia (r 203(1)(d), r 98, r 99).

6. 6

   Date and address for service

   Date it and give the name and address for service of the defendant's practitioner, or of the defendant in person.

• Lodge the notice at the registry with as many copies as you need sealed (r 203(1)(e)).
• Serve it as if it were a writ, usually personally (r 203(2), r 133), with a copy of the writ and of any pleadings delivered in the action (r 203(3)).
• The third party files a notice of appearance within the period in the notice and serves it on the defendant (r 205).

• Diary the 30-day limit from delivering your defence. After that you need leave (r 202(2)(b)).
• Once the third party appears, any party can seek directions about how the third party claim will be tried (r 208).
• Execution cannot issue against a third party without leave until the defendant has satisfied the judgment against it (r 209(3)).