Commonwealth Numbered Regulations

1979 No. 140 FEDERAL COURT RULES - RULE 42.7

7. (1) Subject to rule 6, where the proceeding is commenced against partners
in the partnership name pursuant to rule 2, a partner is not entitled to file
a personal defence, or file affidavits in defence as if the proceeding were
brought against him personally.

(2) Notwithstanding sub-rule (1), any partner may file a defence or an
affidavit in defence in the partnership name.

(3) Where more than one defence is filed pursuant to sub-rule (2) or more than
one ground of defence appears from the affidavits filed pursuant to sub-rule
(2), the applicant shall not be entitled to judgment unless none of the
defences raised affords a proper defence to his claim.