Commonwealth Numbered Regulations

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1979 No. 140 FEDERAL COURT RULES - RULE 42.10

Judgment against individual partner
10. (1) Where a party has obtained judgment against partners in the
partnership name and desires to issue execution against an individual partner
who is not liable under rule 9, he shall move on notice to the individual
partner for judgment against him.

(2) On the hearing of the motion, if the partner admits liability, judgment
may be pronounced and an order made against him.

(3) On the hearing of the motion, if the partner denies liability, the Court
shall give the necessary directions for the hearing of the proceeding which
shall be against the partner individually, and not in the partnership name.



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