ACTIn ForceRegulation
Court Procedures Rules
250One proceeding for benefit of members of deceased
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250 One proceeding for benefit of members of deceased
person’s family
(1) Not more than 1 proceeding under the Civil Law (Wrongs) Act 2002,
part 3.1 (Wrongful act or omission causing death) may be started
against a person in relation to a death.
(2) The proceeding must be started by the deceased person’s personal
representative for the benefit of the members of the person’s family
(the beneficiaries) who suffered damage or loss because of the death.
(3) However, if the proceeding has not been started by the personal
representative at the end of 6 months after the day of the death, any 1
or more of the beneficiaries may start the proceeding.
Division 2.4.5 Proceedings under Civil Law (Wrongs) Act 2002, pt 3.1
Rule 251
(4) The proceeding mentioned in subrule (3) must be for the benefit of
the same people and subject to the same provisions and procedures
(with any necessary changes) as if it were started by the deceased
person’s personal representative for the benefit of the beneficiaries.