Commonwealth Numbered Regulations

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1979 No. 140 FEDERAL COURT RULES - RULE 42.9

Execution of judgment against a partnership
9. (1) Where a judgment or order is against partners in the name of the
partnership, the judgment or order may be executed-

   (a)  against any property of the partnership within Australia;

   (b)  against any partner who has entered an appearance;

   (c)  against any person who has admitted that he is or has been adjudged to
        be a partner; and

   (d)  against any partner who has been individually served with the
        originating process.

(2) Sub-rule 4 (2) of this Order does not apply to render any partner
individually liable who has not been personally served with the originating
process and has not entered an appearance.

(3) Execution may be had against any partnership property within Australia,
notwithstanding that any partner may be resident abroad.



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