Commonwealth Consolidated Regulations

FEDERAL COURT RULES - ORDER 6 RULE 12

         (1)   Where:

                       (a)    a party dies but a cause of action in the proceeding survives the party's death; and

                      (b)    an order under rule 10 for the addition of a party in substitution for the deceased party is not made within three months after the death;

the Court may order that, unless, within a specified time after service of the order in accordance with subrule (2), a party is added in substitution for the deceased party, the proceedings be dismissed so far as concerns relief on the cause of action for or against the person to whom the cause of action or the liability thereon, as the case may be, survives on the death.

         (2)   On making an order under subrule (1), the Court shall give such directions as it thinks fit for service of the order on the persons (whether parties or not) interested in continuing the proceeding.