Commonwealth Numbered Regulations

1979 No. 140 FEDERAL COURT RULES - RULE 6.13

13. (1) Where numerous persons have the same interest in any proceeding the
proceeding may be commenced, and, unless the Court otherwise orders,
continued, by or against any one or more of them as representing all or as
representing all except one or more of them.

(2) At any stage of a proceeding pursuant to this rule the Court, on the
application of the applicant, may appoint any one or more of the respondents
or other persons (as representing whom the respondents are sued) to represent
all, or all except one or more, of those persons in the proceeding.

(3) Where, under sub-rule (2), the Court appoints a person who is not a
respondent, the Court shall make an order under rule 8 adding him as a
respondent.

(4) A judgment pronounced or an order made in a proceeding pursuant to this
rule shall be binding on all the persons as representing whom the applicants
sue or, as the case may be, the respondents are sued but shall not be enforced
against any person not a party to the proceeding except with the leave of the
Court.

(5) An application for leave under sub-rule (4) shall be made by motion,
notice of which shall be served personally on the person against whom it is
sought to enforce the judgment or order.

(6) Notwithstanding that a judgment or order to which an application under
sub-rule (5) relates is binding on the person against whom the application is
made, that person may dispute liability to have the judgment or order enforced
against him on the ground that by reason of facts and matters particular to
his case he is entitled to be exempted from the liability.

(7) This rule does not apply to a proceeding concerning property subject to a
trust or included in a deceased estate.