Commonwealth Consolidated Regulations

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FEDERAL COURT RULES 2011 - RULE 9.45

Defence to be in partnership name

             (1)  Despite rule 9.44, if a proceeding has been brought against a partnership, a partner must not file a defence in the partner's name.

             (2)  However, the partner may file a defence in the partnership name.

             (3)  If, under subrule (2), 2 or more partners file a defence and the defences raise different grounds of defence, the applicant is only entitled to an order against the partnership if none of the grounds of defence is a proper defence to the applicant's claim.

Note:          For defences, see rule 16.32.



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