Uniform Civil Procedure Rules 1999

If a party to a proceeding becomes bankrupt, becomes a person with impaired capacity or dies during the proceeding, a person may take any further step in the proceeding for or against the party only if—

the court gives the person leave to proceed; and

the person follows the court’s directions on how to proceed.

If a party to a proceeding becomes bankrupt or dies, the court may, at any stage of the proceeding, order the trustee or personal representative of the party or, if a deceased party does not have a personal representative, someone else, to be included or substituted as a party for the original party.

Subrules (1) and (2) apply subject to the Bankruptcy Act 1966 (Cwlth).

An application for an order under this rule must be served on all persons who could be affected by the order.

The court may, before it makes an order under this rule because a party has died, require notice to be given to—

an insurer of the deceased who has an interest in the proceeding; and

any other person who has an interest in the estate.

An insurer or other person given notice is entitled to be heard on the hearing of the application.

If the court orders that a person be included as a defendant, the person must file a notice of intention to defend within the time set by the court in the order.

If—

a deceased party does not have a personal representative and the court orders that a person be included or substituted as a party for the deceased; and

a grant of representation is subsequently made;