Victorian Consolidated Regulations

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MAGISTRATES' COURT GENERAL CIVIL PROCEDURE RULES 2020 - REG 68.08

Order against partners

    (1)     An order made against a firm may be enforced against any or all of the persons who were members of the firm at the time the cause of action arose.

    (2)     If a person is sued under Rule 17.10 in a name or style other than the person's own name and an order is made against the person in that name or style, the order may be enforced against the person.

    (3)     An enforcement proceeding must not be commenced under an order referred to in paragraph (1) or (2) against a person whose name is not mentioned in the order or complaint unless the person in whose favour the order was made files with the registrar an affidavit stating—

        (a)     the name and address of the person against whom it is proposed to commence the enforcement proceeding; and

        (b)     that, at the time the cause of action arose, that person was a member of the firm or was carrying on business in the name or style in which the order was made; and

        (c)     the enforcement proceeding it is desired to take under the order.

Rule 68.09 substituted by S.R. No. 102/2022 rule 23.



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