Commonwealth Consolidated Regulations

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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.



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