Commonwealth Consolidated Regulations

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HIGH COURT RULES 2004 - RULE 21.06

Death of a party

21.06.1     Where the cause of action survives against the estate of a deceased person a proceeding may be commenced against the estate of the deceased.

21.06.2     Until a grant of representation of the estate of a deceased person is made:

  (a)   a proceeding may be commenced and continued against the estate of the deceased naming the estate as defendant; or

  (b)   the Court or a Justice may, by order, appoint a person to represent the estate of the deceased for the purposes of the proceeding.

21.06.3     Where a grant of representation of the estate of a deceased person has been made, a proceeding may be commenced and continued naming the personal representative of the deceased as defendant.


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