New South Wales Consolidated Regulations

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Effect of certain changes on proceedings

6.30 Effect of certain changes on proceedings

(cf SCR Part 8, rule 10; DCR Part 7, rule 10; LCR Part 6, rule 10)

(1) Proceedings do not abate as a result of a party's death or bankruptcy if a cause of action in the proceedings survives.
(2) If a cause of action survives, and the interest or liability of a party to any proceedings passes from the party to some other person, the court may make such orders as it thinks fit for the joinder, removal or re-arrangement of parties.
(3) Without limiting subrule (2), if a party to an application under section 20 of the Property (Relationships) Act 1984 dies, the court may order the substitution of the legal representative, as mentioned in section 24(1) of that Act, as a party to the application.

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