Commonwealth Numbered Regulations

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FEDERAL COURT RULES 2011 (SLI NO 134 OF 2011) - RULE 9.24

Deceased persons

         (1)   If:

                (a)    a deceased person was interested in, or the estate of a deceased person is interested in, any matter or question in a proceeding; and

               (b)    the deceased person has no personal representative;

a party may apply to the Court for an order:

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

               (d)    that a person who has consented in writing represent the deceased person's estate for the purpose of the proceeding.

         (2)   An order under subrule (1) and any subsequent order made in the proceeding binds the estate of the deceased person as the estate would have been bound if the deceased person's personal representative had been a party to the proceeding.

Note    Before making an order under this rule, the Court may require the application to be served on persons having an interest in the estate, as the Court considers appropriate.

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