Commonwealth Consolidated Regulations

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Death of party

             (1)  This rule applies to a property case or an application for the enforcement of a financial obligation.

             (2)  If a party dies, the other party or the legal personal representative must ask the court for procedural orders in relation to the future conduct of the case.

             (3)  The court may order that the legal personal representative of the deceased person be substituted for the deceased person as a party.

Note 1:       The court may make other procedural orders, including that a person has permission to intervene in the case (see rules 1.12 and 6.05).

Note 2:       For the effect of the death of a party in certain cases, see subsections 79(1A), 79(8), 79A(1C), 90SM(2), 90SM(8), 90SN(5), 90UM(8) and 105(3) of the Act.


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