Victorian Consolidated Regulations Victorian Consolidated Regulations(1) If a party to a proceeding dies, but the cause of action survives, or if a party becomes bankrupt, the proceeding must not abate by reason of the death or bankruptcy, but may be carried on in accordance with paragraph (2).
(2) If at any stage of a proceeding the interest or liability of any party is assigned or transmitted to or devolves upon some other person, the Court may order—
(a) that the other person be added as a party to the proceeding or be made a party in substitution for the original party; and
(b) that the proceeding be carried on as so constituted.
(3) Unless the Court otherwise directs, the person on whose application an order is made under paragraph (2)—
(a) must serve the order on every party to the proceeding and on every person who ceases to be a party or becomes a party as plaintiff by virtue of the order; and
(b) in the case of a person who becomes a defendant, must serve that person personally with the order and with the complaint.
(4) A person upon whom a complaint is served in accordance with paragraph (3) must file a defence in the proceeding within such time as the Court directs.
(5) If an order is made without notice to a person on whom the order is served, an application by that person to set aside or vary the order must be made within 10 days after service.