New South Wales Consolidated Regulations

UNIFORM CIVIL PROCEDURE RULES 2005 - REG 6.31

6.31 Court may dismiss proceedings not prosecuted following death of party

(cf SCR Part 8, rule 12; DCR Part 7, rule 12; LCR Part 6, rule 12)

(1) This rule applies to any proceedings in which--

(a) a party dies, but a cause of action in the proceedings survives his or her death, and

(b) an order for the joinder of a party to replace the deceased party is not made within 3 months after the death.

(2) The court may order that, unless an application to join a party to replace the deceased party is made within a specified time, the proceedings in relation to the cause of action concerned be dismissed.

(3) An application for such an order may be made by any person to whom the deceased party's liability in relation to the cause of action concerned has passed (whether or not a party to the proceedings).

(4) On making an order under this rule, the court may give such directions as it thinks fit for service of the order on any person (whether or not a party to the proceedings) who is interested in continuing the proceedings.