Victorian Consolidated Regulations

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SUPREME COURT (GENERAL CIVIL PROCEDURE) RULES 2015 - REG 16.03

Deceased person

    (1)     Where a deceased person was interested, or the estate of a deceased person is interested, in any question in a proceeding and the deceased person has no personal representative, the Court may—

        (a)     proceed in the absence of a person to represent the estate of the deceased; or

        (b)     by order (with the consent of the person appointed) appoint a person to represent the estate for the purpose of the proceeding.

    (2)     An order under paragraph (1), and any judgment or order subsequently given or made in the proceeding, shall bind the estate of the deceased person as it would had a personal representative of the deceased been a party.

    (3)     Before making an order under this Rule, the Court may require notice of the application for the order to be given to any person having an interest in the estate.



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