Queensland Consolidated Regulations

UNIFORM CIVIL PROCEDURE RULES 1999 - REG 86

86 Person improperly served as partner

(1) In a proceeding against a partnership started by claim, a person who is served as a partner may file a conditional notice of intention to defend stating—

(a) the person files the notice because the person was served as a partner; and

(b) the person denies being a partner at a material time or being liable as a partner.

(2) On application, the court may—

(a) set aside the service of an originating process on the person on the ground that the person is not a partner or is not liable as a partner; or

(b) set aside a conditional notice of intention to defend on the ground that the person is a partner or is liable as a partner.

(3) The court may give directions about how to decide the liability of the person or the liability of the partners.