Commonwealth Numbered Regulations

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FEDERAL COURT RULES 2011 (SLI NO 134 OF 2011) - RULE 9.10

No joinder or substitution after death of party

                A person may apply to the Court for an order that, unless an order for substitution is made within a specified time, the proceeding be dismissed to the extent that it relates to relief on a cause of action if:

                (a)    a party dies during a proceeding and the cause of action survives the party's death; and

               (b)    no order is made substituting another party for the deceased party within 3 months after the death.

Note    The Court may make orders for service of the order on any person who has an interest in continuing the proceeding.

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