Commonwealth Numbered Regulations

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1979 No. 140 FEDERAL COURT RULES - RULE 42.6

Appearance under protest of person served as partner
6. (1) Where a person served under rule 4 denies that he is a partner of the
partnership, or denies that he was a partner of the partnership at the time of
the cause of action arose, he shall file an affidavit making that denial
before the directions hearing appointed in the application.

(2) The affidavit shall state the material facts in support of that person's
contention.

(3) Sub-rule (1) does not prevent any person raising the defence referred to
in that sub-rule, at any later stage of the proceeding.



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