Victorian Numbered Regulations

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SUPREME COURT (GENERAL CIVIL PROCEDURE) RULES 2015 (SR NO 103 OF 2015) - REG 54.03

Parties

In an administration proceeding or a proceeding referred to in Rule 54.02

        (a)     all the executors of the will of the deceased or administrators of the estate or trustees of the trust, as the case may be, shall be parties;

        (b)     where the proceeding is brought by executors, administrators or trustees, any of them who does not consent to being joined as a plaintiff shall be made a defendant;

        (c)     notwithstanding anything in Rule 9.03(1), and without limiting the powers of the Court under Order 9, all persons having a beneficial interest in or claim against the estate or having a beneficial interest under the trust, as the case may be, need not be parties, and the plaintiff may make such of those persons parties as the plaintiff thinks fit;

        (d)     where in the taking of an account of debts or liabilities under a judgment or order in the proceeding, a person not a party makes a claim

              (i)     a party other than the executors or administrators or trustees shall not be entitled to attend before the Court in relation to that claim except by leave of the Court; and

              (ii)     the Court may direct or allow any party to attend before the Court either in addition to or in substitution for the executors, administrators or trustees.



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