Document ID: chunk:federal_register_of_legislation:F2024C00519:reg:4:p146
Version: federal_register_of_legislation:F2024C00519
Segment Type: reg
Provision Reference: reg 4 (pt 146/154)
Character Range: 563522–566204

judgment or order has been made.
Note: It is not necessary to adopt different modes of procedure and forms of process in each State or Territory.

41.11  Stay of execution
  A party may apply to the Court for a stay of execution of a judgment or order.
Rules 41.12 – 41.20 left blank

Division 41.2—Enforcement against partnership

41.21  Execution of order against partnership
 (1) An order against a partnership may be executed:
 (a) against any property of the partnership in Australia, whether or not any partner is resident outside Australia; or
 (b) against any partner in the partnership who has filed a notice of address for service in the proceeding; or
 (c) against any person who has admitted to being, or has been found to be, a partner in the partnership; or
 (d) against any partner in the partnership who has been individually served with a copy of the originating application.
 (2) However, subrule (1) does not apply to make a person mentioned in that subrule individually liable, unless the person:
 (a) has been personally served with the originating application; and
 (b) has filed a notice of address for service in the proceeding.

41.22  Execution against individual partner
 (1) If an order is made against a partnership, and the party in whose favour the order is made wants to execute the order against a partner who is not individually liable under rule 41.21(2), the party must apply to the Court for an order against the partner.
 (2) If, on the hearing of the application, the partner admits liability, judgment may be entered and an order made against the partner.
 (3) If, on the hearing of the application, the partner denies liability, the applicant may apply to the Court for an order:
 (a) for the further conduct of the proceeding; and
 (b) that the proceeding continue in the partner's name and not in the partnership name.

41.23  Application to proceedings between co‑partners
 (1) This rule applies to:
 (a) a proceeding between a partnership carrying on business in Australia and one or more of its members; and
 (b) a proceeding between partnerships carrying on business in Australia that have one or more members in common.
 (2) An order may not be executed in a proceeding to which subrule (1) applies without the leave of the Court.
 (3) A party seeking leave under subrule (2) may apply to the Court:
 (a) for directions; or
 (b) for an order for the taking and holding of accounts and inquiries.
Rules 41.24 – 41.30 left blank

Division 41.3—Execution against business name

41.31  Execution of order—proceeding against person in person's business name
 (1) Any order in a proceeding against a person in the person's business name may