Commonwealth Consolidated Regulations

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HIGH COURT RULES 2004 - RULE 42.07

Change of parties to an appeal

42.07.1     Where, at any stage of an appeal, the interest or liability of a party is assigned or transmitted to another person, whether on death, bankruptcy or for some other reason, the Court or a Justice may order that the other person be added as a party or made a party in substitution for the original party and that the appeal be carried on as so constituted.

42.07.2     The person on whose application an order is made under rule   42.07.1 shall serve the order on every party to the appeal and on any person who ceases to be a party or becomes a party under the order.

42.07.3     Where a person is added as a respondent by an order made under rule   42.07.1 the notice of appeal shall be served on that person in accordance with rule   42.05.

42.07.4     Where, after an appeal is commenced, a party becomes a person under a disability, the Court or a Justice may appoint a person to be litigation guardian for the person under a disability and make such other order, whether of a kind referred to in rule   21.08 or otherwise, as may be necessary or appropriate.


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