Commonwealth Numbered Regulations

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FEDERAL COURT RULES 2011 (SLI NO 134 OF 2011) - RULE 9.41

Proceeding by or against partners in partnership name

         (1)   Two or more persons claiming as partners may start a proceeding in the partnership name.

         (2)   A proceeding may be brought against 2 or more persons who it is claimed are liable as partners in the partnership name.

         (3)   The partnership name must be the name of the partnership when the cause of action arose.

         (4)   The proceeding must continue in the partnership name and not in the names of the individual partners.

Note 1     Partnership name is defined in the Dictionary.

Note 2    For service of a proceeding against partners in the partnership name, see rule 10.05.

Note 3    An address for service must be entered if a proceeding is brought against a partnership name -- see rule 10.05.

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