Australian Capital Territory Current Regulations

COURT PROCEDURES RULES 2006 - REG 251

    (1)     If—

        (a)     a proceeding under the href="http://www.legislation.act.gov.au/a/2002-40" title="A2002-40">Civil Law (Wrongs) Act 2002

, part 3.1 (Wrongful act or omission causing death) is started in the court; and

        (b)     the court is satisfied that a person whose name is not included in the names of the people for whose benefit the proceeding is stated to have been started is a person whose name should have been included;

the court may order that the proceeding continue as if the name of the person had been included.

    (2)     The court may make an order under subrule (1)—

        (a)     on application by the person; or

        (b)     on its own initiative.

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

    (3)     In a proceeding under the href="http://www.legislation.act.gov.au/a/2002-40" title="A2002-40">Civil Law (Wrongs) Act 2002

, part 3.1, the court may order that any 1 or more of the people for whose benefit the proceeding has been started must be separately represented by a legal practitioner.

    (4)     If the court makes an order under this rule, it may, at the same time or later, make the orders about procedure in the proceeding that it considers appropriate.

    (5)     The powers of the court under this rule are additional to any other powers of the court.