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FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (FAMILY LAW) RULES 2021 - RULE 3.19

Death of party

  (1)   This rule applies to a property proceeding or an application for the enforcement of a financial obligation.

  (2)   If a party dies, the other party or the legal personal representative of the deceased person must ask the court for procedural orders in relation to the future conduct of the proceeding.

  (3)   The court may order that the legal personal representative of the deceased person be substituted for the deceased person as a party.

Note 1:   The court may make other procedural orders, including that a person has permission to intervene in the proceeding (see rules   1.31 and 3.04).

Note 2:   For the effect of the death of a party in certain proceedings, see subsections   79(1A), 79(8), 79A(1C), 90SM(2), 90SM(8), 90SN(5), 90UM(8) and 105(3) of the Family Law Act.



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