Dictionary

  • Joinder

    The joining of multiple causes of action or of multiple parties in a single proceeding. A joinder is given in cases where the issues or parties involved overlap to give rise to a common question of fact or law, and all rights to relief claimed are in respect of, or arise from, the same transaction or series of transactions. A joinder can also be given at the discretion of the court.

    The purpose of a joinder is to hear matters concurrently where it will increase efficiency and/or fairness. Joinders help courts avoid repetitive cases where the facts are the same.

    Under the Uniform Civil Procedure Rules in NSW, a plaintiff may be granted a joinder where:

    • he or she sues in the same capacity and claims the defendant to be liable in the same capacity in respect of each cause of action: UCPR r 6.18(1)(a),
    • he or she sues as an executor or administrator in respect of one or more causes of action and in his or her own capacity with reference to the estate of the same deceased person in respect of the remaining causes of action: r 6.18(1)(b),
    • he or she claims the defendant to be liable as executor or administrator in respect of one or more causes of action and in his or her own personal capacity in relation to the estate of the same deceased person in respect of the remaining causes of action: r 6.18(1)(c), or
    • the court grants leave for all the causes of action to be dealt with in the same proceedings: r 6.18(1)(d). Leave may be granted before or after the originating process is filed: r 6.18(2).

made by avanavo.com

×