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Court Procedures Rules
213Including parties—joint entitlement
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213 Including parties—joint entitlement
(1) If a plaintiff seeks relief to which someone else is entitled jointly with
the plaintiff, everyone entitled to the relief must be parties to the
Rule 214
(2) A person entitled to seek relief who does not agree to be a plaintiff
must be included as a defendant.
(3) This rule does not require a person to be included if another law
provides that the person need not be included or must not be included.
The Bankruptcy Act 1966 (Cwlth), s 62 (Actions on joint contracts) provides that if
a bankrupt is a contractor in relation to a contract jointly with someone else or other
people, the person or people may sue or be sued in relation to the contract without
joining the bankrupt.