Commonwealth Consolidated Regulations

[Index] [Table] [Search] [Search this Regulation] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

FEDERAL COURT RULES 2011 - RULE 9.10

No joinder or substitution after death of party

    A person may apply to the Court for an order that, unless an order for substitution is made within a specified time, the proceeding be dismissed to the extent that it relates to relief on a cause of action if:

  (a)   a party dies during a proceeding and the cause of action survives the party's death; and

  (b)   no order is made substituting another party for the deceased party within 3 months after the death.

Note:   The Court may make orders for service of the order on any person who has an interest in continuing the proceeding.


AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback