Commonwealth Numbered Regulations

1994 No. 357 INDUSTRIAL RELATIONS COURT RULES - ORDER 6 RULE 15

15. (1) Where in any proceeding it appears to the Court that a deceased person
was interested, or that the estate of a deceased person is interested, in any
matter in question in the proceeding, and that the estate has no personal
representative, the Court may, on the application of any party:

   (a)  order that the proceeding continue in the absence of a person
        representing the estate; or

   (b)  by order (with the consent of the person appointed) appoint a person
        to represent that estate for the purposes of the proceeding.

(2) An order under subrule (1), and any judgment or order subsequently
pronounced or made in the proceeding, binds the estate of the deceased person
to the same extent as the estate would have been bound had a personal
representative of the deceased person been a party to the proceeding.

(3) Before making an order under this rule, the Court may require notice of
the application for the order to be given to such (if any) of the persons
having an interest in the estate as it thinks fit.