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s 9.09

Death, bankruptcy or transmission of interest

In force
Chapter 2Original jurisdiction—proceedings generally
Part 9Parties and proceedings
Division 9.1Parties, interveners and causes of action

9.09 Death, bankruptcy or transmission of interest

(1)

If a party dies, or becomes bankrupt, during a proceeding but a cause of action in the proceeding survives, the proceeding is not dismissed only because of the party’s death or bankruptcy.

(2)

If the interest or liability of a party passes to another person during a proceeding, by assignment, transmission, devolution or by any other means, the party or the person may apply to the Court for an order for the joinder of the person as a party or for the removal of the party.

(3)

If a person is joined as a party under this rule, the start date of the proceeding for the person is the date on which the order is made.

Note:

The Court may make an order for the future conduct of the proceeding.

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