Document ID: chunk:federal_register_of_legislation:F2024C00057:front:0:p24
Version: federal_register_of_legislation:F2024C00057
Segment Type: other
Provision Reference: 
Character Range: 55416–57969

determination of the questions in the proceeding.

21.04  Misjoinder and non‑joinder
  A proceeding shall not be defeated because of the misjoinder or non‑joinder of any party or person and the Court may determine all questions in the proceeding so far as they affect the rights and interests of the parties.

21.05  Addition, removal and substitution of party
21.05.1  At any stage of a proceeding the Court or a Justice may order that:
 (a) a person who is not then a proper or necessary party cease to be a party;
 (b) any person who ought to have been joined as a party or whose presence in the proceedings is necessary to ensure that all questions in the matter are effectually and completely determined be joined as a party; or
 (c) any person between whom and any party to the proceeding there may exist a question arising out of or relating to or connected with any claim in the proceeding which it is just and convenient to determine as between that person and the party as well as between the parties to the proceeding be joined as a party.
21.05.2  A person shall not be added as plaintiff without that person's written consent.

21.06  Death of a party
21.06.1  Where the cause of action survives against the estate of a deceased person a proceeding may be commenced against the estate of the deceased.
21.06.2  Until a grant of representation of the estate of a deceased person is made:
 (a) a proceeding may be commenced and continued against the estate of the deceased naming the estate as defendant; or
 (b) the Court or a Justice may, by order, appoint a person to represent the estate of the deceased for the purposes of the proceeding.
21.06.3  Where a grant of representation of the estate of a deceased person has been made, a proceeding may be commenced and continued naming the personal representative of the deceased as defendant.

21.07  Transmission of interest or liability
21.07.1  Where, at any stage of a proceeding, the interest or liability of a party is assigned or transmitted to another person, whether on death, bankruptcy or for some other reason the Court or a Justice may order that the other person be added as a party or made a party in substitution for the original party and that the proceeding be carried on as so constituted.
21.07.2  The person on whose application an order is made under rule 21.07.1 shall serve the order on every party to the proceeding, and on any person who ceases to be a party or becomes a party under the order.
21.07.3  Where a person is added as a defendant by an order made under