Australian Capital Territory Repealed Regulations

This legislation has been repealed.

MAGISTRATES COURT (CIVIL JURISDICTION) RULES 2004 (REPEALED) - REG 151

    (1)     If—

        (a)     a party to proceedings dies and a cause of action to which the proceedings relate survives his or her death; and

        (b)     an order under section 149 for the joining of a party in substitution for the deceased party is not made within 3 months after the death;

the court may, on application by a party or by a person to whom liability on the cause of action has passed on the death, order that, unless, within a specified time after service of the order in accordance with subsection (2), a party is joined in substitution for the deceased party, the proceedings be dismissed so far as concerns relief on the cause of action for or against the person to whom the cause of action or the liability on the cause of action, as the case may be, has passed on the death.

    (2)     On making an order under subsection (1), the court shall give the directions that it thinks just for service of the order on persons (whether parties or not) interested in continuing the proceedings.