Queensland Consolidated Regulations

UNIFORM CIVIL PROCEDURE RULES 1999 - REG 73

73 No substitution order after death of plaintiff or applicant

(1) This rule applies if—

(a) a plaintiff or applicant dies and the cause of action survives the death; and

(b) no order is made substituting another person for the deceased.

(2) The court, on application by a party or by a person to whom the benefit of the cause of action passes on the death, may order that, unless an order for substitution is made within a specified time, the proceeding be dismissed on a specified basis, including, for example, with costs against a party, person or estate connected with the proceeding.

(3) A copy of the application must be served on the deceased’s personal representative (if any) unless the court orders otherwise.