Commonwealth Consolidated Regulations

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HIGH COURT RULES 2004 - RULE 21.07

Transmission of interest or liability

21.07.1       Where, at any stage of a proceeding, the interest or liability of a party is assigned or transmitted to another person, whether on death, bankruptcy or for some other reason the Court or a Justice may order that the other person be added as a party or made a party in substitution for the original party and that the proceeding be carried on as so constituted.

21.07.2       The person on whose application an order is made under rule 21.07.1 shall serve the order on every party to the proceeding, and on any person who ceases to be a party or becomes a party under the order.

21.07.3       Where a person is added as a defendant by an order made under rule 21.07.1 the originating process shall be served on that person in accordance with Part 22 of these Rules.



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