Commonwealth Consolidated Regulations

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FEDERAL COURT RULES 2011 - RULE 41.22

Execution against individual partner

             (1)  If an order is made against a partnership, and the party in whose favour the order is made wants to execute the order against a partner who is not individually liable under rule 41.21(2), the party must apply to the Court for an order against the partner.

             (2)  If, on the hearing of the application, the partner admits liability, judgment may be entered and an order made against the partner.

             (3)  If, on the hearing of the application, the partner denies liability, the applicant may apply to the Court for an order:

                     (a)  for the further conduct of the proceeding; and

                     (b)  that the proceeding continue in the partner's name and not in the partnership name.



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