Commonwealth Numbered Regulations

[Index] [Table] [Search] [Search this Regulation] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

FEDERAL COURT RULES 2011 (SLI NO 134 OF 2011) - RULE 9.09

Death, bankruptcy or transmission of interest

         (1)   If a party dies, or becomes bankrupt, during a proceeding but a cause of action in the proceeding survives, the proceeding is not dismissed only because of the party's death or bankruptcy.

         (2)   If the interest or liability of a party passes to another person during a proceeding, by assignment, transmission, devolution or by any other means, the party or the person may apply to the Court for an order for the joinder of the person as a party or for the removal of the party.

         (3)   If a person is joined as a party under this rule, the start date of the proceeding for the person is the date on which the order is made.

Note    The Court may make an order for the future conduct of the proceeding.

AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback