Commonwealth Numbered Regulations

1979 No. 140 FEDERAL COURT RULES - RULE 6.12

12. (1) Where-

   (a)  a party dies but a cause of action in the proceeding survives his
        death; and

   (b)  an order under rule 10 for the addition of a party in sub-stitution
        for the deceased party is not made within three months after the
        death, the Court may, on application by a party or by a person to whom
        liability on the cause of action survives on the death, order that,
        unless, within a specified time after service of the order in
        accordance with sub-rule (2), a party is added in substitution for the
        deceased party, the proceedings be dismissed so far as concerns relief
        on the cause of action for or against the person to whom the
        cause of action or the liability thereon, as the case may be, survives
        on the death.

(2) On making an order under sub-rule (1), the Court shall give such
directions as it thinks fit for service of the order on the persons (whether
parties or not) interested in continuing the proceeding.