Document ID: chunk:federal_register_of_legislation:F2024C00519:reg:4:p11
Version: federal_register_of_legislation:F2024C00519
Segment Type: reg
Provision Reference: reg 4 (pt 11/43)
Character Range: 138159–140825

to a proceeding to disclose the description of each person who was a partner in the partnership at the time when the cause of action is claimed to have arisen.
 (2) If the partnership does not give the required information to the party as soon as practicable after being requested to do so, the party may apply to the Court:
 (a) for an order requiring the partnership to give the information to the party; and
 (b) if the partnership is an applicant or a cross‑claimant in the proceeding—for an order that the proceeding be stayed until the information is given.
Note 1: Description is defined in the Dictionary.
Note 2: See Part 10 in relation to service.

9.43  Proceeding between members of partnerships
 (1) If one or more partnerships carry on business in Australia, this Division applies to:
 (a) a proceeding between a partnership and one or more of its members; and
 (b) a proceeding between partnerships having one or more common members.
 (2) However, no order may be executed in a proceeding to which subrule (1) applies without the leave of the Court.
Note: Division 41.2 deals with enforcement proceedings involving partnerships.

9.44  Denial by person served as partner
 (1) If a proceeding is brought against a person (the respondent) as a partner, the respondent may deny being a partner:
 (a) at the date specified in the originating application as the date that the cause of action arose; or
 (b) when the proceeding was started.
 (2) If the respondent makes a denial under subrule (1), the respondent must, when filing the respondent's notice of address for service, file an affidavit stating the facts on which the denial is based.
 (3) The respondent may also make the denial at a later stage of the proceeding.

9.45  Defence to be in partnership name
 (1) Despite rule 9.44, if a proceeding has been brought against a partnership, a partner must not file a defence in the partner's name.
 (2) However, the partner may file a defence in the partnership name.
 (3) If, under subrule (2), 2 or more partners file a defence and the defences raise different grounds of defence, the applicant is only entitled to an order against the partnership if none of the grounds of defence is a proper defence to the applicant's claim.
Note: For defences, see rule 16.32.

9.46  Entry of order
  An order for or against a partnership must be entered in the partnership name and not in the name of an individual partner.
Note: For execution of judgment against a partnership, see rule 41.21.  For execution of judgment against an individual partner, see rule 41.22.
Rules 9.47–9.50 left blank

Division 9.5—Business name proceedings

9.51  Proceeding against