312Execution of judgment against a firm

### 312 Execution of judgment against a firm > > (1)  If a judgment or order is against a firm, execution may issue against – > > > > > > (a) any property of the partnership within the jurisdiction; or > > > > > > > (b) any person who – > > > > > > > > > > (i) lodged a notice of appearance in his or her name; or > > > > > > > > > > > (ii) was individually served with the writ as a partner and failed to lodge a notice of appearance; or > > > > > > > > > > > (iii) admitted in a pleading to being, or having been at the material time, a partner; or > > > > > > > > > > > (iv) was adjudged by the Court or a judge to have been a partner at a material time. > > > (2)  A party who obtains judgment or an order against a firm may issue execution, with the leave of the Court or a judge, against a person, other than a person referred to in [subrule (1)(b)](#GS312@Gs1@Hpb@EN) , if the person is, or was at the material time, a member of the firm. > > > (3)  On an application for leave under [subrule (2)](#GS312@Gs2@EN)  – > > > > > > (a) if liability is not disputed, the Court or a judge may grant leave; or > > > > > > > (b) if liability is disputed, the Court or a judge may order that the liability of the person be tried and determined in any manner in which any issue of fact or question in an action may be tried and determined. > > > (4)  Except as to the property of the partnership, a judgment or order against a firm does not affect a member of the firm who has not appeared and who was out of Tasmania when the writ was issued unless the member – > > > > > > (a) has been made a party to the action; or > > > > > > > (b) has been served within Tasmania.