Australian Capital Territory Current Regulations

COURT PROCEDURES RULES 2006 - REG 233

    (1)     This rule applies to a proceeding if—

        (a)     a party to the proceeding dies during the proceeding, but a cause of action in the proceeding survives the party's death; and

        (b)     an order to substitute a person for the deceased party has not been made at the end of 3 months after the day of the death.

    (2)     If the deceased party is a plaintiff, the court may order that the proceeding in relation to the cause of action be dismissed in relation to the plaintiff, and the defendant have judgment on any counterclaim against the plaintiff, if an application to substitute a person for the deceased party is not made within a stated time.

    (3)     If the deceased party is a defendant, the court may order that judgment be entered for the plaintiff against the defendant, and any counterclaim by the defendant be dismissed, if an application to substitute a person for the deceased party is not made within a stated time.

    (4)     An application for an order under this rule may be made by anyone to whom the deceased party's interest or liability in relation to the cause of action has passed (whether or not a party to the proceeding).

Note     Pt 6.2 (Applications in proceedings) applies to an application for an order under this rule.