Australian Capital Territory Current Regulations

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COURT PROCEDURES RULES 2006 - REG 267

Orders in div 2.4.7 proceeding bind represented people

    (1)     An order made in a proceeding against or in favour of a party who represents others under this division—

        (a)     is binding on everyone represented by the party in the proceeding; but

        (b)     is not enforceable against or by a person who is not a party to the proceeding without the court's leave.

    (2)     An application for leave under subrule (1) (b) must be served on the person against whom the enforcement of the order is sought as if the application were an originating process.

Note 1     Pt 6.2 (Applications in proceedings) applies to an application for leave.

Note 2     Rule 6902 (Leave may be given on conditions) provides that, if the court gives leave under these rules, it may give the leave on the conditions it considers appropriate.

    (3)     This rule does not prevent a person against whom an order is sought to be enforced from disputing liability because of circumstances peculiar to the person.



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