Commonwealth Consolidated Regulations

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FEDERAL COURT RULES 2011 - RULE 9.09

Death, bankruptcy or transmission of interest

             (1)  If a party dies, or becomes bankrupt, during a proceeding but a cause of action in the proceeding survives, the proceeding is not dismissed only because of the party's death or bankruptcy.

             (2)  If the interest or liability of a party passes to another person during a proceeding, by assignment, transmission, devolution or by any other means, the party or the person may apply to the Court for an order for the joinder of the person as a party or for the removal of the party.

             (3)  If a person is joined as a party under this rule, the start date of the proceeding for the person is the date on which the order is made.

Note:          The Court may make an order for the future conduct of the proceeding.



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