Victorian Consolidated Regulations

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SUPREME COURT (GENERAL CIVIL PROCEDURE) RULES 2015 - REG 17.07

Enforcement of judgment

    (1)     Subject to paragraph (2) and Rule 17.08, a judgment given or an order made against partners suing or sued in the name of their firm may be enforced against—

        (a)     any property of the partnership; and

        (b)     any person who—

              (i)     filed an appearance as a partner;

              (ii)     having been served as a partner with originating process, failed to file an appearance;

              (iii)     admitted in the person's pleading that the person is a partner; or

              (iv)     was served with originating process as a partner and was adjudged to be a partner.

    (2)     Where a party who has obtained a judgment or an order against partners suing or sued in the name of their firm claims that a person is liable to satisfy the judgment or order as a partner, and paragraph (1) does not apply in relation to that person, the Court—

        (a)     if liability is not disputed, may order that the judgment or order be enforced against that person; or

        (b)     if the liability is disputed, may give directions for the trial of the question of liability.

    (3)     An application under paragraph (2) shall be made by summons served personally on the person against whom enforcement of the judgment or order is sought.



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