Commonwealth Numbered Regulations

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1979 No. 140 FEDERAL COURT RULES - RULE 6.15

Deceased person
15. (1) Where in any proceeding it appears to the Court that a deceased person
was interested, or that the estate of a deceased person is interested, in any
matter in question in the proceeding and that he has no personal
representative, the Court may, on the application of any party-

   (a)  order that the proceeding continue in the absence of a person
        representing the estate of the deceased person; or

   (b)  by order (with the consent of the person appointed) appoint a person
        to represent that estate for the purposes of the proceeding.

(2) An order under sub-rule (1), and any judgment or order sub-sequently
pronounced or made in the proceeding, shall bind the estate of the deceased
person to the same extent as the estate would have been bound had a personal
representative of the deceased person been a party to the proceeding.

(3) Before making an order under this rule, the Court may require notice of
the application for the order to be given to such (if any) of the persons
having an interest in the estate as it thinks fit.



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