Commonwealth Numbered Regulations

[Index] [Table] [Search] [Search this Regulation] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

1979 No. 140 FEDERAL COURT RULES - RULE 42.19

Execution
19. (1) Where proceedings against a person in a business name are continued by
leave given under rule 18, a judgment or order against that person in the
business name shall not be enforced by execution except as mentioned in this
rule.

(2) A judgment or order against a person in a business name may be enforced by
execution against any property of the business carried on under that name and,
where the judgment or order is against partners in the partnership name it may
be executed in accordance with rule 9.

(3) In sub-rule (2), the expression " property of the business ", in relation
to a judgment or order against a person in a business name, means all property
and rights and interests in property, originally brought into the business
carried on under that name or acquired, whether by purchase or otherwise, on
account of the business, or for the purposes and in the course of the
business, being property, rights or interest of that person.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback