ACTIn ForceRegulation
Court Procedures Rules
2006Enforcement—order in partnership name
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2006 Enforcement—order in partnership name
(1) An order against partners in the partnership name may be enforced
against 1 or more of the following:
(a) partnership property;
(b) a partner who filed a defence;
(c) a person who has admitted being a partner;
(d) a person who the court has decided is a partner;
(e) a person who has been individually served as a partner with the
originating process and who has not filed a defence.
Rule 2007
(2) On application by a person entitled to enforce an order against
partners in the partnership name, the court may amend the order to
make it an order against the people who were partners when the cause
of action arose.
amendment or leave under this rule.
(3) On application by a person entitled to enforce an order against
partners in the partnership name, the court may give leave for the
order to be enforced against someone else who is liable to satisfy the
(4) The application for leave must be served on the person against whom
the order is sought to be enforced.
Note Rule 6008 (3) (Application in proceeding—filing and service) applies to
service of the application for leave.
(5) If, on the hearing of the application for leave, the person denies
liability, the court may decide liability summarily or give directions
about how liability is to be decided.