Barrister AI
All legislation
VICRule
In force
This is the latest official compilation.Check the official source →
r 17.07

Order against partners

In force
Part 2* * *

17.07 Order against partners

(1)

An order made against a firm may be enforced against any or all of the persons who were members of the firm at the time the cause of action arose.

(2)

If a person is sued under this Order in a name or style other than the person's own name and an order is made against the person in that name or style, the order may be enforced against the person.

(3)

An enforcement proceeding must not be commenced under an order referred to in paragraph (1) or (2) against a person whose name is not mentioned in the order or complaint unless the person in whose favour the order was made files with the registrar an affidavit stating—

(a)

the name and address of the person against whom it is proposed to commence the proceeding; and

(b)

that, at the time the cause of action arose, that person was a member of the firm or was carrying on business in the name or style in which the order was made; and

(c)

the proceeding it is desired to take under the order.

Research tools for this sectionPro

The statute text is free to read above. View Pro plans to unlock the case-law research tools for each provision.