Commonwealth Consolidated Regulations

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FEDERAL COURT RULES 2011 - RULE 41.31

Execution of order--proceeding against person in person's business name

             (1)  Any order in a proceeding against a person in the person's business name may be enforced by execution only against any property of the business carried on under the business name.

             (2)  However, if the business is a partnership and the order is against the partnership in the partnership name, the order may be enforced by execution in accordance with rule 41.21.

             (3)  For enforcing an order under subrule (1), the property of the business is all the property, and rights and interests in property, of the person, that were originally brought into, or acquired for, the business.

Rules 41.32 - 41.40 left blank

Note:          The Sheriff of the Court is responsible for the service and execution of all process of the Court directed to the Sheriff--see section 18P of the Act.



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