s 9.10
In forceNo joinder or substitution after death of party
Chapter 2Original jurisdiction—proceedings generally
Part 9Parties and proceedings
Division 9.1Parties, interveners and causes of action
9.10 No joinder or substitution after death of party
A person may apply to the Court for an order that, unless an order for substitution is made within a specified time, the proceeding be dismissed to the extent that it relates to relief on a cause of action if:
(a)
a party dies during a proceeding and the cause of action survives the party’s death; and
(b)
no order is made substituting another party for the deceased party within 3 months after the death.
Note:
The Court may make orders for service of the order on any person who has an interest in continuing the proceeding.
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