Section 38 — Civil Liability Act 2002 (NSW)

Joining non-party concurrent wrongdoer in the action

(1) The court may give leave for any one or more persons to be joined as defendants in proceedings involving an apportionable claim.
(2) The court is not to give leave for the joinder of any person who was a party to any previously concluded proceedings in respect of the apportionable claim.

Sourced from the New South Wales Legislation website at 8 June 2026. For the latest information on New South Wales Government legislation please go to https://www.legislation.nsw.gov.au. Verify the current text against the official source before relying on it.

Related sections

s 35A — Duty of defendant to inform plaintiff about concurrent wrongdoers
s 36 — Contribution not recoverable from defendant
s 37 — Subsequent actions
s 39 — Application of Part
s 40 — Application of Part
s 41 — Definitions

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