Trustee Act 1925

In proceedings in the Court under this Act, the plaintiff shall join as defendants such persons, if any, as the Court thinks fit.

If in proceedings in the Court under this Act any person who has been or ought to be made a defendant cannot be found in New South Wales, or if it is uncertain whether the person is living or dead, or if service cannot be effected on the person without expense disproportionate to the value of the person’s interest, the Court may direct that the person be removed as a defendant or may dispense with service on the person, and may order that the person be deemed to have submitted the person’s rights and interests to be dealt with by the Court.