UNIFORM CIVIL PROCEDURE RULES 1999 - REG 72
Party becomes bankrupt, person with impaired capacity or dies during proceeding
UNIFORM CIVIL PROCEDURE RULES 1999 - REG 72
Party becomes bankrupt, person with impaired capacity or dies during proceeding
72 Party becomes bankrupt, person with impaired capacity or dies during
proceeding
(1) If a party to a proceeding becomes bankrupt, becomes a person with
impaired capacity or dies during the proceeding, a person may take any further
step in the proceeding for or against the party only if—
(a) the court gives
the person leave to proceed; and
(b) the person follows the court’s
directions on how to proceed.
(2) If a party to a proceeding becomes bankrupt
or dies, the court may, at any stage of the proceeding, order the trustee or
personal representative of the party or, if a deceased party does not have a
personal representative, someone else, to be included or substituted as a
party for the original party.
(4) An application for an order under this rule
must be served on all persons who could be affected by the order.
(5) The
court may, before it makes an order under this rule because a party has died,
require notice to be given to—
(a) an insurer of the deceased who has an
interest in the proceeding; and
(b) any other person who has an interest in
the estate.
(6) An insurer or other person given notice is entitled to be
heard on the hearing of the application.
(7) If the court orders that a
person be included as a defendant, the person must file a notice of intention
to defend within the time set by the court in the order.
(8) If—
(a) a
deceased party does not have a personal representative and the court orders
that a person be included or substituted as a party for the deceased; and
(b)
a grant of representation is subsequently made;
the person must, as soon as
practicable, deliver to the deceased’s personal representative a copy of all
process and documents in the person’s possession relating to the proceeding.