Commonwealth Consolidated Regulations

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FEDERAL COURT RULES - ORDER 6 RULE 15

Deceased person

         (1)   Where in any proceeding it appears to the Court that a deceased person was interested, or that the estate of a deceased person is interested, in any matter in question in the proceeding and that the deceased person has no personal representative, the Court may:

                       (a)    order that the proceeding continue in the absence of a person representing the estate of the deceased person; or

                      (b)    by order (with the consent of the person appointed) appoint a person to represent that estate for the purposes of the proceeding.

         (2)   An order under subrule (1), and any judgment or order subsequently pronounced or made in the proceeding, shall bind the estate of the deceased person to the same extent as the estate would have been bound had a personal representative of the deceased person been a party to the proceeding.

         (3)   Before making an order under this rule, the Court may require notice of the application for the order to be given to such (if any) of the persons having an interest in the estate as it thinks fit.



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