Australian Capital Territory Current Regulations

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COURT PROCEDURES RULES 2006 - REG 213

Including parties—joint entitlement

    (1)     If a plaintiff seeks relief to which someone else is entitled jointly with the plaintiff, everyone entitled to the relief must be parties to the proceeding.

    (2)     A person entitled to seek relief who does not agree to be a plaintiff must be included as a defendant.

    (3)     This rule does not require a person to be included if another law provides that the person need not be included or must not be included.

Example

The

No 33 (Cwlth)">Bankruptcy Act 1966

(Cwlth), s 62 (Actions on joint contracts) provides that if a bankrupt is a contractor in relation to a contract jointly with someone else or other people, the person or people may sue or be sued in relation to the contract without joining the bankrupt.



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