Commonwealth Consolidated Regulations

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FEDERAL COURT RULES 2011 - RULE 9.44

Denial by person served as partner

             (1)  If a proceeding is brought against a person (the respondent ) as a partner, the respondent may deny being a partner:

                     (a)  at the date specified in the originating application as the date that the cause of action arose; or

                     (b)  when the proceeding was started.

             (2)  If the respondent makes a denial under subrule (1), the respondent must, when filing the respondent's notice of address for service, file an affidavit stating the facts on which the denial is based.

             (3)  The respondent may also make the denial at a later stage of the proceeding.



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