Document ID: chunk:federal_register_of_legislation:F2024C00519:reg:4:p7
Version: federal_register_of_legislation:F2024C00519
Segment Type: reg
Provision Reference: reg 4 (pt 7/43)
Character Range: 128745–131226

for separate trials—inconvenient joinder of causes of action or parties
  A party may apply to the Court for an order that separate trials be held on the ground that a joinder of parties, or causes of action, in a proceeding may:
 (a) complicate or delay the trial of the proceeding; or
 (b) cause any other inconvenience.

9.07  Errors in joinder of parties
  A proceeding will not be defeated only because:
 (a) a party has been improperly or unnecessarily joined as a party; or
 (b) a person who should have been joined as a proper or necessary party has not been joined.

9.08  Removal of parties by Court order
  A party may apply to the Court for an order that a party that has been improperly or unnecessarily joined as a party, or has ceased to be a proper or necessary party, cease to be a party.
Note: The Court may make an order for the future conduct of the proceeding.

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.

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.

9.11  Substitution of party
  If a party (the new party) is substituted for another party (the old party):
 (a) any thing done, or action taken, in the proceeding before the substitution has the same effect in relation to the new party as it had in relation