Document ID: chunk:federal_register_of_legislation:F2024C00519:reg:4:p9
Version: federal_register_of_legislation:F2024C00519
Segment Type: reg
Provision Reference: reg 4 (pt 9/43)
Character Range: 133418–136025

party is binding on each person represented by the representative party.
 (2) However, the order can be enforced against a person who is not a party only if the Court gives leave.
 (3) An application for leave under subrule (2) must be served personally on the person against whom it is sought to enforce the order.
 (4) A person who is served with a notice under subrule (3) may dispute liability to have the order to which the notice relates enforced against the person on the ground that facts and matters particular to the person entitle the person to be exempt from liability.

9.23  Representative party—beneficiaries
 (1) A proceeding dealing with property that is subject to a trust or included in a deceased estate may be started by or against a trustee or personal representative without joining as a party a person who has a beneficial interest in the trust or estate (a beneficiary).
 (2) However, a person may apply to the Court for an order that a beneficiary be joined as a party to the proceeding.

9.24  Deceased persons
 (1) If:
 (a) a deceased person was interested in, or the estate of a deceased person is interested in, any matter or question in a proceeding; and
 (b) the deceased person has no personal representative;
a party may apply to the Court for an order:
 (c) that the proceeding continue in the absence of a person representing the deceased person; or
 (d) that a person who has consented in writing represent the deceased person's estate for the purpose of the proceeding.
 (2) An order under subrule (1) and any subsequent order made in the proceeding binds the estate of the deceased person as the estate would have been bound if the deceased person's personal representative had been a party to the proceeding.
Note: Before making an order under this rule, the Court may require the application to be served on persons having an interest in the estate, as the Court considers appropriate.

9.25  Conduct of proceeding by particular party
  A person may apply to the Court for an order that the whole, or any part, of a proceeding be conducted by the person or a particular party.
Rules 9.26–9.30 left blank

Division 9.3—Grouped proceedings under Part IVA of the Act

9.31  Interpretation for Division 9.3
  A word or expression that is used in this Division and in Part IVA of the Act has the same meaning in this Division as it has in that Part.
Note: Group member, representative party and representative proceeding are defined in section 33A of Part IVA of the Act.  Part IVA of the Act provides for the procedure that must be adopted in representative proceedings.