FEDERAL COURT RULES 2011 (SLI NO 134 OF 2011) - RULE 9.45 Defence to be in partnership name
FEDERAL COURT RULES 2011 (SLI NO 134 OF 2011) - RULE 9.45
Defence to be in partnership name(1) Despite rule 9.44, if a proceeding has been brought against a partnership, a partner must not file a defence in the partner's name.
(2) However, the partner may file a defence in the partnership name.
(3) If, under subrule (2), 2 or more partners file a defence and the defences raise different grounds of defence, the applicant is only entitled to an order against the partnership if none of the grounds of defence is a proper defence to the applicant's claim.
Note For defences, see rule 16.32.