ACTIn ForceRegulation
Court Procedures Rules
231Party becomes bankrupt, dies or becomes person with
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231 Party becomes bankrupt, dies or becomes person with
mental disability
(a) a party to a proceeding becomes bankrupt, or dies, during the
proceeding, but a cause of action in the proceeding survives; or
(b) a party to a proceeding becomes a person with a mental
disability during the proceeding.
Note Person with a mental disability is defined in the dictionary.
(2) The proceeding is not suspended and does not end.
(3) However, a person must not take a further step in the proceeding for
or against the party unless—
(a) the court gives the person leave to continue the proceeding; and
(b) the person complies with the conditions (if any) of the leave.
and an order or directions under this rule.
(4) The court may make any order it considers appropriate about
including, removing, substituting or rearranging parties.
Rule 231
(5) However, if someone is made a party in place of a party who has
become bankrupt or died, but the person is already a party on the other
side of the proceeding, the court must order the person to cease to be
a party on the other side.
(6) The court may make an order under this rule—
(a) on application by a party to the proceeding or anyone to whom
an interest or liability in the proceeding has passed; or
(7) An application for an order under this rule must be served on
everyone who could be affected by the order.
(8) Before making an order under this rule because a party has died, the
court may require notice to be given to—
(a) an insurer of the deceased party who has an interest in the
(b) anyone else who has an interest in the deceased party’s estate.
(9) An insurer or other person given notice is entitled to be heard on the
hearing of the application.
(10) A sealed copy of an order made under this rule must be served on all
parties, including a party (other than any applicant for the order) who
has been included, removed or substituted.
(11) The court may give directions about the service of the order.
(12) If—
(a) a party who has died does not have a personal representative and
the court orders that a person be substituted as a party for the
(b) a grant of probate or administration is later made;
the person must give the personal representative a copy of all
documents in the person’s possession relating to the proceeding.
Changing parties Division 2.4.3
Rule 232